Decision of the Court of Cassation, I Civil Section, No. 4114 of 20 January 2016

With this decision, the Court of Cassation further clarified the domestic application of the principles established by the ECHR Court in its judgment of 2014 on the case Grande Stevens v. Italy. Accordingly, the fair trial-related principles apply with regard to administrative sanctions; however, it does not derive that sanctions qualified as administrative under Italian legislation necessarily involve, also, the application of the ‘favor rei’ principle.

  • See also:

    Judgment of the European Court of Human Rights, II Section, 4 March 2014, Grande Stevens and others v. Italy

  • Original language: Italiano