The paper approaches the problematic related to the role played by the proportionality principle in the case law of the Court of Justice of the European Union, through the lens of the Billerud case. When conducting the proportionality analysis, the Court employs different standards of the examination, depending on the subject matter in question. In this sense, the paper focuses on three distinctive fields: discretionary policy choices, penalties, and fundamental rights. The paper addresses the Billerud case from all three perspectives. The Court's ruling was approached from the perspective of discretionary policy choices and was thus deprived of an in-depth proportionality examination. In this sense, the paper argues that if the case were approached from a different angle, namely from the fundamental rights perspective, it could have been ruled differently, as the Charter would have called for a stricter standard of the Court’s review.

中文翻译：

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比例原则与比勒鲁德统治

本文从比勒鲁德案的角度出发，探讨了与比例原则在欧洲联盟法院判例法中所起的作用有关的问题。在进行比例分析时，法院根据所涉标的物采用不同的审查标准。从这个意义上讲，本文着眼于三个独特的领域：自由选择的政策选择，处罚和基本权利。本文从所有三个角度论述了Billerud案。法院的裁定是从自由裁量政策选择的角度进行的，因此被剥夺了深入的相称性审查。从这个意义上讲，本文认为，如果从不同的角度（即从基本权利的角度）审理此案，