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Case C-129/14: Request for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany) lodged on 20 March 2014 — Criminal proceedings against Zoran Spasic
ECLI:EU:UNKNOWN:62014CN0129
62014CN0129
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Valentina R., lawyer
19.5.2014
EN
Official Journal of the European Union
C 151/15
(Case C-129/14)
2014/C 151/19
Language of the case: German
Referring court
Party to the main proceedings
Other party: Generalstaatsanwaltschaft Nürnberg
Questions referred
1.Is Article 54 of the Convention Implementing the Schengen Agreement (CISA) compatible with Article 50 of the Charter of Fundamental Rights of the European Union, in so far as it subjects the application of the ne bis in idem principle to the condition that if a penalty has been imposed, it has been enforced, is actually in the process of being enforced or can no longer be enforced under the laws of the sentencing Contracting Party?
2.Is the abovementioned condition in Article 54 of the Convention Implementing the Schengen Agreement also satisfied, if only one part (here: a fine) of two independent parts of the outstanding penalty imposed in the State which is the sentencing Contracting Party (here: a custodial sentence and a fine) has been enforced?
Language of the case: German.
(1) OJ 2000 L 239, p. 19.