21.2.2009

Official Journal of the European Union

C 44/19

(Case C-491/07)

(Convention implementing the Schengen Agreement - Article 54 - ‘Ne bis in idem’ principle - Scope - Concept of ‘finally disposed of’ - Decision by which a police authority orders the suspension of criminal proceedings - Decision not barring further prosecution and not having a ne bis in idem effect under national law)

(2009/C 44/32)

Language of the case: German

Referring court

Defendant in the criminal proceedings

Re:

Reference for a preliminary ruling — Landesgericht für Strafsachen Wien — Interpretation of Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2000 L 239, p. 19) — Interpretation of ‘ne bis in idem’ principle — Scope — Decision by which a police authority terminates criminal proceedings

Operative part of the judgment

The Court:

The ne bis in idem principle enshrined in Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed in Schengen (Luxembourg) on 19 June 1990, does not fall to be applied to a decision by which an authority of a Contracting State, after examining the merits of the case brought before it, makes an order, at a stage before the charging of a person suspected of a crime, suspending the criminal proceedings, where the suspension decision does not, under the national law of that State, definitively bar further prosecution and therefore does not preclude new criminal proceedings, in respect of the same acts, in that State.

(1) OJ C 22, 26.1.2008.