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Case C-726/21, INTER CONSULTING: Judgment of the Court (First Chamber) of 12 October 2023 (request for a preliminary ruling from the Županijski sud u Puli-Pola — Croatia) — criminal proceedings against GR, HS, IT (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Convention implementing the Schengen Agreement — Article 54 — Charter of Fundamental Rights of the European Union — Article 50 — Principle ne bis in idem — Assessment in the light of the facts contained in the grounds of the judgment — Assessment in the light of the facts examined in the context of a preliminary investigation and omitted from the indictment — Meaning of ‘the same acts’)
ECLI:EU:UNKNOWN:62021CA0726
62021CA0726
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Official Journal of the European Union
Series C
C/2023/930
27.11.2023
(Case C-726/21, (<span class="oj-super oj-note-tag">1</span>) INTER CONSULTING)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Convention implementing the Schengen Agreement - Article 54 - Charter of Fundamental Rights of the European Union - Article 50 - Principle ne bis in idem - Assessment in the light of the facts contained in the grounds of the judgment - Assessment in the light of the facts examined in the context of a preliminary investigation and omitted from the indictment - Meaning of ‘the same acts’)
(C/2023/930)
Language of the case: Croatian
Referring court
Parties in the main proceedings
Intervening parties: Županijsko državno odvjetništvo u Puli-Pola
Operative part of the judgment
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 on 19 June 1990, which entered into force on 26 March 1995, read in the light of Article 50 of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that, when assessing whether the principle ne bis in idem has been complied with, it is necessary to take into consideration not only the facts cited in the enacting terms of the indictment drawn up by the competent authorities of another Member State and in the operative part of the final judgment delivered in that Member State, but also the facts cited in the grounds of that judgment, including those that were the subject of the preliminary investigation, but which were not included in the indictment, and all relevant information concerning the material facts covered by previous criminal proceedings conducted in that other Member State and concluded by a final decision.
ELI: http://data.europa.eu/eli/C/2023/930/oj
ISSN 1977-091X (electronic edition)
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OJ C 64, 7.2.2022.