CONCURRING OPINION OF JUDGE WOJTYCZEK

In the instant case the Court expressed the following view in paragraph 46:

“The Court has previously found that the Contracting States may, in principle and under certain conditions, penalise a simple or objective fact as such, irrespective of whether it results from criminal intent or from negligence (see G.I.E.M. S.R.L. and Others v. Italy [GC], nos. 1828/06 and 2 others, § 243, 28 June 2018; Janosevic v. Sweden, no. 34619/97, § 100, ECHR 2002 ‑ VII; and Salabiaku v. France, 7 October 1988, Series A no. 141-A, § 27).”

I have reservations about this approach, and I share the main concerns with regard to objective liability, expressed in paras. 61-63 of the partly concurring, partly dissenting opinion of Judge Pinto de Albuquerque appended to the judgment in the case of G.I.E.M. S.R.L. and Others v. Italy.