Official Journal of the European Union

C 32/5

(Case C-297/07)

(Convention implementing the Schengen Agreement - Article 54 - ‘Ne bis in idem’ principle - Scope - Conviction in absentia in respect of the same acts - Concept of ‘finally disposed of’ - Procedural rules of national law - Concept of ‘penalty which can no longer be enforced’)

(2009/C 32/08)

Language of the case: German

Referring court

Defendant in the criminal proceedings

Re:

Reference for a preliminary ruling — Landgericht Regensburg — 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 — Conviction in absentia in respect of same acts — No enforcement and conviction subsequently covered by general amnesty

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, is applicable to criminal proceedings instituted in a Contracting State against an accused whose trial for the same acts as those for which he faces prosecution was finally disposed of in another Contracting State, even though, under the law of the State in which he was convicted, the sentence which was imposed on him could never, on account of specific features of procedure such as those referred to in the main proceedings, have been directly enforced.

(<span class="super">1</span>) OJ C 211, 8.9.2007.