“Supremacy of EU Law in National Criminal Trials”

Abstract

“The penal provisions of Section 34(2)0) of the Foreign Trade and Payments Act (AWG) in conjunction with Section 5c(2) of the Foreign Trade and Payments Regulation (AWV) are not compatible with the supremacy of EU law and are therefore inapplicable (Article 249(2) of the Treaty Establishing the European Community (EGV)). For this reason, sufficient evidence of a criminal act fails on legal grounds.”