Reference for a preliminary ruling from the Landesgericht für Strafsachen Wien, Austria, lodged on 31 October 2007 — Criminal proceedings against Vladimir Turansky

(Case C-491/07)

(2008/C 22/49)

Language of the case: German

Referring court

Landesgericht für Strafsachen Wien

Party to the main proceedings

Vladimir Turansky

Question referred

‘Is the bar on a second prosecution for the same acts (ne bis in idem principle) contained 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 (1) to be interpreted as precluding the prosecution of a suspect in the Republic of Austria for the same acts in respect of which criminal proceedings in the Slovak Republic were discontinued after its accession to the European Union by means of a binding order of a police authority suspending the proceedings without further sanction taken after examination of the merits of the case?’

(1)  OJ L 239, 22.9.2000, p. 19.