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Case C-726/21: Request for a preliminary ruling from the Županijski sud u Puli-Pola (Croatia) lodged on 30 November 2021 — Criminal proceedings against GR, HS, IT, INTER CONSULTING d.o.o., in liquidation
ECLI:EU:UNKNOWN:62021CN0726
62021CN0726
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Official Journal of the European Union
C 64/23
(Case C-726/21)
(2022/C 64/35)
Language of the case: Croatian
Referring court
Parties to the main proceedings
Question referred
In assessing whether there has been an infringement of the ne bis in idem principle, is it possible to compare only the facts cited in the enacting terms of the indictment of the Županijsko državno odvjetništvo u Puli-Pola (Pula Public Prosecutor’s Office, Croatia) of 28 September 2015 with the key facts cited in the enacting terms of the indictment of the Staatsanwaltschaft Klagenfurt (Klagenfurt Public Prosecutor’s Office, Austria) of 9 January 2015, and in the operative part of the judgment of the Landesgericht Klagenfurt (Klagenfurt Regional Court) of 3 November 2016, upheld by judgment of the Oberster Gerichtshof (Supreme Court of the Republic of Austria) of 4 March 2019, or is it possible to compare the facts cited in the enacting terms of the indictment of the Županijsko državno odvjetništvo u Puli-Pola (Pula Public Prosecutor’s Office) with the facts cited in the grounds of the judgment of the Landesgericht Klagenfurt (Klagenfurt Regional Court) of 3 November 2016, upheld by judgment of the Oberster Gerichtshof (Supreme Court of the Republic of Austria), and which were the subject of the preliminary investigation conducted by the Staatsanwaltschaft Klagenfurt (Klagenfurt Public Prosecutor’s Office) against several persons, in particular against GR and HS, and which were subsequently omitted from the indictment by the Staatsanwaltschaft Klagenfurt (Klagenfurt Public Prosecutor’s Office) of 9 January 2015 (and were not cited in those enacting terms)?