JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 March 2005

in Case C-469/03: Reference for a preliminary ruling from the Tribunale di Bologna Filomeno Mario Miraglia (1)

(Article 54 of the Convention implementing the Schengen Agreement - Principle ne bis in idem - Scope - Decision of a Member State's judicial authorities to discontinue prosecution by reason solely of the initiation of similar proceedings in another Member State)

(2005/C 132/19)

Language of the case: Italian

In Case C-469/03: reference for a preliminary ruling under Article 35 EU from the Tribunale di Bologna (Italy), made by decision of 22 September 2003, received at the Court on 10 November 2003, in the in the criminal proceedings brought against Filomeno Mario Miraglia — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen (Rapporteur) and P. Kūris, Judges; A. Tizzano, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 10 March 2005, the operative part of which is as follows:

The principle ne bis in idem, 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 on 19 June 1990 at Schengen, does not fall to be applied to a decision of the judicial authorities of one Member State declaring a case to be closed, after the Public Prosecutor has decided not to pursue the prosecution on the sole ground that criminal proceedings have been started in another Member State against the same defendant and for the same acts, without any determination whatsoever as to the merits of the case.

(1)  OJ C 21 of 24.01.2004.