1. Member States shall apply in their national criminal laws the 'ne bis in idem' rule, under which a person whose trial has been finally disposed of in a Member State may not be prosecuted in another Member State in respect of the same facts, provided that if a penalty was imposed, it has been enforced, is actually in the process of being enforced or can no longer be enforced under the laws of the sentencing State.
2. If a member state has not adapted its legal provisions to the requirements of community law in this sphere it is the task for the national court to use its judicial discretion to impose a punishment appropriate to the character and objective of the provisions of community law the observance of which the penalty is intended to safeguard.
