“G. ST. T. (Proportionnalité de la peine en cas de contrefaçon)”Decision of the Court of Justice of the European Union (Fourth Chamber) 19 October 2023 – Case No. C-655/21; ECLI:EU:C:2023:791

Article 49(1) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the principle of the legality of criminal offences and penalties does not preclude national legislation which provides, where a trade mark is used in the course of trade without the consent of the holder of the exclusive right, that the same conduct may be categorised both as an administrative offence and as a criminal offence, without that legislation including criteria allowing a distinction to be drawn between, on the one hand, the administrative offence and, on the other, the criminal offence, the offence being described in similar, or identical, terms, in the criminal law and the law on trade marks.Article 49(3) of the Charter of Fundamental Rights of the European Union must be interpreted as precluding a national legal provision that provides for a custodial sentence of a minimum of five years where a trade mark is used, repeatedly or with significant harmful effects, in the course of trade without the consent of the holder of the exclusive right.