Search Results

Judgment of the Court (First Chamber) of 25 January 2024.
Criminal proceedings against NR.
Request for a preliminary ruling from the Curtea de Apel Craiova.
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’.
Case C-58/22.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2024:70

Judgment of the Court (Second Chamber) of 19 October 2023.
Criminal proceedings against Terhelt5.
Request for a preliminary ruling from the Fővárosi Törvényszék.
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Admissibility of criminal prosecution for corruption of an accused person in one Member State after the closure of the criminal proceedings brought against him in respect of the same acts by the public prosecutor’s office of another Member State – Conditions which must be satisfied in order for the accused person’s trial to be regarded as having been finally disposed of – Condition of an assessment of the merits of the case – Requirement for a detailed investigation – No questioning of the accused person.
Case C-147/22.

ECLI identifier: ECLI:EU:C:2023:790

Judgment of the Court (First Chamber) of 12 October 2023.
Criminal proceedings against GR and Others.
Request for a preliminary ruling from the Županijski sud u Puli-Pola.
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’.
Case C-726/21.

ECLI identifier: ECLI:EU:C:2023:764

Opinion of Advocate General Emiliou delivered on 6 July 2023.
Criminal proceedings against Terhelt5.
Request for a preliminary ruling from the Fővárosi Törvényszék.
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Admissibility of criminal prosecution for corruption of an accused person in one Member State after the closure of the criminal proceedings brought against him in respect of the same acts by the public prosecutor’s office of another Member State – Conditions which must be satisfied in order for the accused person’s trial to be regarded as having been finally disposed of – Condition of an assessment of the merits of the case – Requirement for a detailed investigation – No questioning of the accused person.
Case C-147/22.

ECLI identifier: ECLI:EU:C:2023:549

Opinion of Advocate General Emiliou delivered on 8 June 2023.
Criminal proceedings against NR.
Request for a preliminary ruling from the Curtea de Apel Craiova.
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’.
Case C-58/22.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2023:464

Opinion of Advocate General Emiliou delivered on 23 March 2023.
Criminal proceedings against GR and Others.
Request for a preliminary ruling from the Županijski sud u Puli-Pola.
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’.
Case C-726/21.

ECLI identifier: ECLI:EU:C:2023:240

Opinion of Advocate General Pikamäe delivered on 9 June 2022.

ECLI identifier: ECLI:EU:C:2022:454

Judgment of the Court (Grand Chamber) of 22 March 2022.
bpost SA v Autorité belge de la concurrence.
Request for a preliminary ruling from the Cour d'appel de Bruxelles.
Reference for a preliminary ruling – Competition – Postal services – Tariff system adopted by a universal service provider – Fine imposed by a national postal regulator – Fine imposed by a national competition authority – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Duplication of proceedings and penalties – Conditions – Pursuit of an objective of general interest – Proportionality.
Case C-117/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2022:202

Judgment of the Court (Grand Chamber) of 22 March 2022.
Bundeswettbewerbsbehörde v Nordzucker AG and Others.
Request for a preliminary ruling from the Oberster Gerichtshof.
Reference for a preliminary ruling – Competition – Article 101 TFEU – Cartel prosecuted by two national competition authorities – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Conditions – Pursuit of an objective of general interest – Proportionality.
Case C-151/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2022:203

Judgment of the Court (Third Chamber) of 16 December 2021.
Criminal proceedings against AB and Others.
Request for a preliminary ruling from the Okresný súd Bratislava III.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Charter of Fundamental Rights of the European Union – Scope – Article 51 – Implementation of EU law – Framework Decision 2002/584/JHA – Jurisdiction of the Court – Reference made before the issue of a European arrest warrant – Admissibility – Principle ne bis in idem – Article 50 – Concepts of ‘acquittal’ and ‘conviction’ – Amnesty in the issuing Member State – Final decision discontinuing a criminal prosecution – Revocation of the amnesty – Setting-aside of the decision discontinuing the criminal prosecution – Resumption of proceedings – Need for a decision taken after a determination of the criminal liability of the person concerned – Directive 2012/13/EU – Right to information in criminal proceedings – Scope – Concept of ‘criminal proceedings’ – Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty – Judicial procedure for review of the compliance of that resolution with the national Constitution.
Case C-203/20.

ECLI identifier: ECLI:EU:C:2021:1016