Advocate General Collins concludes that it is not against EU law for Romania to suspend the license of Dual Prod in order to prevent any form of fraud and abuse. It is immaterial that this suspension is carried out before a final criminal conviction has been handed down.
AG Opinion
Article 48(1) of the Charter of Fundamental Rights of the European Union, read in conjunction with Article 16(1) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC
is to be interpreted to mean that:
it neither precludes the imposition of an administrative sanction to suspend an authorisation for the purposes of preventing any possible evasion or abuse before a final conviction in criminal proceedings is handed down, nor precludes reliance upon a presumption in that context.
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