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ECJ C-280/25 (Lin II) – Order – Romania’s High Court Seeks EU Ruling on Tax Evasion and Fraud Seriousness Criteria

  • Request for Preliminary Ruling: The High Court of Cassation and Justice in Romania has referred questions to the Court of Justice of the European Union regarding the interpretation of various EU legal provisions in a criminal case involving tax evasion.
  • Legal Issues Addressed: The court seeks clarification on whether fraud affecting EU financial interests is deemed serious only if it exceeds EUR 50,000 and whether the national lex mitior principle should be disapplied in cases of serious fraud.
  • Concerns About Limitation Periods: The referral highlights uncertainties related to the calculation of limitation periods for criminal liability, potentially leading to a risk of impunity for individuals committing offenses affecting EU financial interests.
  • Expedited Procedure Approved: The President of the Court has authorized the expedited processing of Case C-280/25 due to the urgent need to resolve significant uncertainties surrounding EU law interpretation that impact numerous criminal proceedings.
  • Implications for EU Law: The resolution of these questions is crucial for maintaining the unity and effective application of EU law, particularly in sensitive areas affecting fundamental rights and the financial interests of the European Union.

Source Curia



 

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