Case of European Court of Human Rights, June 16, 2009 (case CASE OF RUOTSALAINEN v. FINLAND)

Appeal Nbr: 13079/03

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Case of European Court of Human Rights, June 16, 2009 (case CASE OF RUOTSALAINEN v. FINLAND)

FOURTH SECTION

CASE OF RUOTSALAINEN v. FINLAND

(Application no. 13079/03)

JUDGMENT

STRASBOURG

16 June 2009

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Ruotsalainen v. Finland,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Nicolas Bratza, President,

Lech Garlicki,

Giovanni Bonello,

Ljiljana Mijović,

Ján Šikuta,

Päivi Hirvelä,

Mihai Poalelungi, judges,

and Lawrence Early, Section Registrar,

Having deliberated in private on 26 May 2009,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 13079/03) against the Republic of Finland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Finnish national, Mr Jukka Ruotsalainen ("the applicant"), on 16 April 2003.

2. The applicant, who had been granted legal aid, was represented by Mr M. Talviaro, a lawyer practising in Kokkola. The Finnish Government ("the Government") were represented by their Agent, Mr Arto Kosonen of the Ministry for Foreign Affairs.

3. The applicant alleged, in particular, that the imposition of a fuel fee debit after he had been fined for petty tax fraud constituted double jeopardy in breach of Article 4 of Protocol No. 7.

4. On 23 August 2005 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

5. The applicant was born in 1969 and lives in Lapinlahti.

6. While driving his pickup van on 17 January 2001, the applicant was stopped by the police during a road check. The police discovered a more leniently taxed fuel than diesel oil in the tank of the van.

7. On 26 February 2001 the applicant was fined for petty tax fraud through a summary penal order. The form stated, inter alia, that:

"Misdemeanour, modus operandi:

Petty tax fraud (motor vehicle tax misdemeanour). [The applicant] used as fuel in his car fuel more leniently taxed than diesel oil without having paid due additional tax (lisävero, tilläggsskatt).

Footnote: he had carried out the refuelling himself"

The fine amounted to 720 Finnish marks (FIM; 121 euros (EUR)). The summary penal order indicated that Chapter 29, Article 3, of the Penal Cod...

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