CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 août 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .sA7F61D3B { margin-top:30pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } Published on 16 September 2024   THIRD SECTION Application no. 4545/19 Ioannis MOYSIDIS against Greece lodged on 10 January 2019 communicated on 28 August 2024 SUBJECT MATTER OF THE CASE The applicant is a pharmacist. By decision no. 997 of 22 August 2011, administrative fines were imposed on him in a total amount of EUR   82,766.61 for seven infringements of the obligations of pharmacists relating to the dispensing of prescriptions for medicine (e.g. lack of the necessary dates or signatures, partially dispensed prescriptions, non-delivery of medicine the costs of which were however charged to the insurer and paid to the pharmacist). Additionally, criminal proceedings were initiated against the applicant for fraud. By judgment no. 2339 of 7 November 2013 of the Serres Criminal Court of First Instance, the applicant was acquitted. The applicant lodged a recourse ( προσφυγή ) against the fines with the administrative courts. He relied on the criminal court’s judgment and contended that his final acquittal οn the same matter should be binding for the administrative court; and that he should be exempted from the majority of the fines. The Thessaloniki Court of Appeal, by judgment no. 142/2018, served on the applicant on 5 September 2018, dismissed this recourse. It held that it did not result from the criminal acquittal that the facts which constituted the infringements relating to the dispensing of prescriptions had not taken place. However, it reduced the fines to EUR 74,608.94.   Relying on Article 6 § 2 of the Convention and Article 4 § 1 of Protocol   No. 7, the applicant complains of the continuation of proceedings and the confirmation of the fines by the administrative court despite his acquittal in criminal proceedings. QUESTIONS TO THE PARTIES 1.     Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case (see Allen v. the United Kingdom [GC], no. 25424/09, §§ 95-102, ECHR 2013)?   2.     Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention, with respect to his complaint under Article 4 § 1 of Protocol No. 7? In particular, did the applicant invoke this right before the administrative courts, at least in substance?   3.     Did the proceedings relating to the imposition of the administrative fines on the applicant constitute “criminal proceedings” for the purposes of Article 4 § 1 of Protocol No. 7?   4.     If so, has the applicant been tried twice for the same offence contrary to Article 4 § 1 of Protocol No. 7 (see   A and B v.   Norway [GC], nos. 24130/11 and 29758/11, 15 November 2016, and Goulandris and Vardinogianni v.   Greece , no. 1735/13, 16 June 2022)? The parties are requested to reply with reference to each one of the administrative infringements.