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Case C-269/22, IP and Others (Establishment of the accuracy of the facts in the main proceedings — II): Judgment of the Court (Eighth Chamber) of 30 March 2023 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — IP, DD, ZI, SS, HYA (Reference for a preliminary ruling — Article 267 TFEU — The second paragraph of Article 47 and Article 48(1) of the Charter of Fundamental Rights of the European Union — Right to a fair trial — Right to the presumption of innocence — Account of the factual context in a request for a preliminary ruling in criminal matters — Establishment of the accuracy of certain facts in order to be able to make an admissible request for a preliminary ruling to the Court — Compliance with the procedural safeguards provided for under national law for judgments on the merits)
ECLI:EU:UNKNOWN:62022CA0269
62022CA0269
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Official Journal of the European Union
C 179/8
(Case C-269/22, (1) IP and Others (Establishment of the accuracy of the facts in the main proceedings — II))
(Reference for a preliminary ruling - Article 267 TFEU - The second paragraph of Article 47 and Article 48(1) of the Charter of Fundamental Rights of the European Union - Right to a fair trial - Right to the presumption of innocence - Account of the factual context in a request for a preliminary ruling in criminal matters - Establishment of the accuracy of certain facts in order to be able to make an admissible request for a preliminary ruling to the Court - Compliance with the procedural safeguards provided for under national law for judgments on the merits)
(2023/C 179/10)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicants: IP, DD, ZI, SS, HYA
Other party to the proceedings: Spetsializirana prokuratura
Operative part of the judgment
Article 267 TFEU, read in the light of the second paragraph of Article 47 and of Article 48(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as not precluding a national court or tribunal in criminal matters, before any judgment on the merits, from establishing, with due regard for the procedural safeguards provided for by national law, the accuracy of certain facts in order to be able to make an admissible request for a preliminary ruling to the Court of Justice.
(1) OJ C 303, 8.8.2022.