Whenever a prosecutor decides not to prosecute an offence on the reason that it has not been committed with the guilt specifi ed by law, the judicial body should carefully examine the author’s subjective position and the factual elements on which this position is construed. In this article I will discuss the merits of such a solution in a case of a crime of falsifying private documents, from a real-life caselaw, in which both the prose...

In Case C-681/11 Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. and Others, in a judgment issued on 18 June 2013, the Court of Justice of the European Union (CJEU) considered that a company that infringed EU competition rules cannot be exempt from the application of a fine in spite of claims that it relied on legal advice given by a lawyer with regard to the compatibility of its behaviour...