CJEU Case C-802/23 / Judgment
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CJEU Case C-802/23 / Judgment
Key facts of the case:
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Concept of ‘same acts’ – Member of a terrorist association found guilty, in a Member State, of involvement in that association with a view to preparing an act of terrorism – Prosecution in another Member State for the same terrorist acts
Outcome of the case:
On those grounds, the Court (First Chamber) hereby rules:
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 on 19 June 1990 and entered into force on 26 March 1995, read in the light of Article 50 of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that the concept of ‘same acts’ covers acts of which a person is accused in criminal proceedings brought in a Member State in respect of terrorist acts where that person has already been convicted in another Member State, for the same acts, of involvement in a terrorist association with a view to preparing a terrorist act.
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Paragraphs referring to EU Charter
31. By its first question, the referring court asks, in essence, whether the concept of ‘same acts’, within the meaning of Article 54 of the CISA, read in the light of Article 50 of the Charter, must be interpreted as covering acts of which a person is accused in criminal proceedings brought in a Member State in respect of terrorist acts where that person has already been convicted in another Member State, for the same acts, of involvement in a terrorist association with a view to preparing a terrorist act.
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33. Since that principle stems from the constitutional traditions common to the Member States, Article 54 of the CISA must be interpreted in the light of Article 50 of the Charter, Article 54 serving to ensure respect for the essence thereof (judgments of 28 October 2022, Generalstaatsanwaltschaft München (Extradition and ne bis in idem), C‑435/22 PPU, EU:C:2022:852, paragraph 65, and of 23 March 2023, Generalstaatsanwaltschaft Bamberg (Reservation in relation to the principle ne bis in idem), C‑365/21, EU:C:2023:236, paragraph 32).
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36. As regards the ‘idem’ condition, which must be examined in the light of the case-law referred to in paragraph 33 above, it follows from the very wording of Article 50 of the Charter that that provision prohibits the same person from being tried or punished in criminal proceedings more than once for the same offence (see, to that effect, judgments of 12 May 2021, Bundesrepublik Deutschland (Interpol red notice), C‑505/19, EU:C:2021:376 paragraph 78, and of 12 October 2023, INTER Consulting, C‑726/21, EU:C:2023:764, paragraph 71).
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40. Moreover, it is settled case-law that both Article 54 of the CISA and Article 50 of the Charter refer only to the nature of the acts irrespective of the legal classification given to them or of the legal interest protected, in so far as the protection conferred by those provisions cannot vary from one Member State to another (see, to that effect, judgments of 16 November 2010, Mantello, C‑261/09, EU:C:2010:683, paragraph 39; of 22 March 2022, Nordzucker and Others, C‑151/20, EU:C:2022:203, paragraph 39; and of 12 October 2023, INTER Consulting, C‑726/21, EU:C:2023:764, paragraph 73 and the case-law cited).
41. It follows that the possibility of divergent legal classifications of the same acts, within the meaning of Article 54 of the CISA, read in the light of Article 50 of the Charter, in two different Member States or even the pursuit of different legal interests in those States cannot preclude the application of the principle ne bis in idem.
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50. In the light of all of the foregoing considerations, the answer to the first question is that Article 54 of the CISA, read in the light of Article 50 of the Charter, must be interpreted as meaning that the concept of ‘same acts’ covers acts of which a person is accused in criminal proceedings brought in a Member State in respect of terrorist acts where that person has already been convicted in another Member State, for the same acts, of involvement in a terrorist association with a view to preparing a terrorist act.
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Paragraphs referring to EU Charter (original language)