This document is an excerpt from the EUR-Lex website
Document 62023CN0701
Case C-701/23, SWIFTAIR: Request for a preliminary ruling from the Tribunal Judiciaire de Paris (France) lodged on 14 November 2023 — Procureur de la République v SWIFTAIR (a company)
Case C-701/23, SWIFTAIR: Request for a preliminary ruling from the Tribunal Judiciaire de Paris (France) lodged on 14 November 2023 — Procureur de la République v SWIFTAIR (a company)
Case C-701/23, SWIFTAIR: Request for a preliminary ruling from the Tribunal Judiciaire de Paris (France) lodged on 14 November 2023 — Procureur de la République v SWIFTAIR (a company)
OJ C, C/2024/1838, 11.3.2024, ELI: http://data.europa.eu/eli/C/2024/1838/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN Series C |
C/2024/1838 |
11.3.2024 |
Request for a preliminary ruling from the Tribunal Judiciaire de Paris (France) lodged on 14 November 2023 — Procureur de la République v SWIFTAIR (a company)
(Case C-701/23, SWIFTAIR)
(C/2024/1838)
Language of the case: French
Referring court
Tribunal Judiciaire de Paris
Parties to the main proceedings
Applicant: Procureur de la République
Defendant: SWIFTAIR (a company)
Questions referred
1. |
Is Article 54 of the CISA, (1) read in the light of Article 50 of the Charter, (2) to be interpreted as meaning that an order for provisional dismissal made in a Contracting State by a judicial body, from which an appeal lies, which follows a detailed investigation of the case, and prevents continuation of the proceedings unless there is new evidence, is to be regarded as a final disposal within the meaning of that article, even if, in the Contracting State in which that order for provisional dismissal was made, it does not have all the effects of a decision conferring full and complete res judicata status? |
2. |
Is Article 54 of the CISA, read in the light of Article 50 of the Charter, to be interpreted as meaning that, in the case of an order for dismissal which constitutes a final disposal, and is capable of conferring the ne bis in idem protection provided for by that text, the ‘person whose trial has been finally disposed of’ is to be understood as referring to any person who was considered as a potential offender in the course of the investigation, and whose acts or omissions were investigated, even if no formal notice of proceedings or summons was issued in relation to that person? |
3 |
|
(1) The Schengen acquis — 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 border (OJ 2000 L 239, p. 19).
(2) Charter of Fundamental Rights of the European Union.
ELI: http://data.europa.eu/eli/C/2024/1838/oj
ISSN 1977-091X (electronic edition)