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Case C-55/22, Bezirkshauptmannschaft Feldkirch: Judgment of the Court (Sixth Chamber) of 14 September 2023 (request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg — Austria) — NK v Bezirkshauptmannschaft Feldkirch (Reference for a preliminary ruling — Article 50 of the Charter of Fundamental Rights of the European Union — Principle ne bis in idem — Final termination of a first set of proceedings brought for an infringement of a provision of national legislation on games of chance — Administrative penalty of a criminal nature imposed for the same acts for an infringement of a different provision of that legislation — First set of proceedings terminated on account of an incorrect legal classification of the offence committed)
ECLI:EU:UNKNOWN:62022CA0055
62022CA0055
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Official Journal of the European Union
Series C
C/2023/487
6.11.2023
(Case C-55/22, (1) Bezirkshauptmannschaft Feldkirch)
(Reference for a preliminary ruling - Article 50 of the Charter of Fundamental Rights of the European Union - Principle ne bis in idem - Final termination of a first set of proceedings brought for an infringement of a provision of national legislation on games of chance - Administrative penalty of a criminal nature imposed for the same acts for an infringement of a different provision of that legislation - First set of proceedings terminated on account of an incorrect legal classification of the offence committed)
(C/2023/487)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: NK
Defendant: Bezirkshauptmannschaft Feldkirch
Operative part of the judgment
Article 50 of the Charter of Fundamental Rights of the European Union, in so far as it lays down the principle ne bis in idem, must be interpreted as precluding the imposition of a penalty of a criminal nature on a person for an infringement of a provision of national legislation which is liable to obstruct the exercise of the freedom to provide services, within the meaning of Article 56 TFEU, if that person has already been the subject of a judicial decision which has become final, given at the end of a hearing with the taking of evidence, and which resulted in that person being acquitted of an infringement of a different provision of that legislation in respect of the same acts.
(1) OJ C 257, 4.7.2022.
ELI: http://data.europa.eu/eli/C/2023/487/oj
ISSN 1977-091X (electronic edition)
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