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Case C-390/16: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Criminal proceedings against Dániel Bertold Lada (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU)
ECLI:EU:UNKNOWN:62016CA0390
62016CA0390
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Valentina R., lawyer
27.8.2018
Official Journal of the European Union
C 301/2
(Case C-390/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2008/675/JHA - Taking account in new criminal proceedings of a previous conviction in another Member State - Special procedure for recognition of a conviction in another Member State - Review and legal reclassification of the earlier decision - Principle of mutual recognition - Article 82(1) TFEU))
(2018/C 301/02)
Language of the case: Hungarian
Referring court
Party to the main proceedings
Operative part of the judgment
Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings, read in the light of Article 82 TFEU, must be interpreted as precluding the taking into account in a Member State, in new criminal proceedings brought against a person, of a final judgment previously handed down by a court of another Member State convicting that person of other offences being conditional on a special procedure for prior recognition, such as that at issue in the main proceedings, by the courts of the first Member State.
(<span class="note">1</span>) OJ C 350, 26.9.2016.