The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.