# C_2005155EN.01000301.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/3 |
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25.6.2005

EN

Official Journal of the European Union

C 155/3

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Reference for a preliminary ruling from the Rechtbank 's-Hertogenbosch by order of that court of 23 March 2005 in Jean Leon Van Straaten v Netherlands State and Italian Republic

(Case C-150/05)

(2005/C 155/05)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by order of the Rechtbank 's-Hertogenbosch (Netherlands) of 23 March 2005, received at the Court Registry on 23 March 2005, for a preliminary ruling in the proceedings between Jean Leon Van Straaten and the Netherlands State and the Italian Republic on the following questions:

| 1. | What is to be understood by the same acts within the meaning of Article 54 of the Convention implementing the Schengen Agreement (CISA)? (1) (Is having at one's disposal approximately 1 000 grams of heroin in the Netherlands in or around the period from 27 to 30 March 1983 the same act as being in possession of approximately five kilograms of heroin in Italy on or about 27 March 1983, regard being had to the fact that the consignment of heroin in the Netherlands formed part of the consignment of heroin in Italy? Is exporting a consignment of heroin from Italy to the Netherlands the same act as importing the same consignment of heroin from Italy into the Netherlands, regard also being had to the fact that Mr Van Straaten's fellow accused in the Netherlands and Italy are not entirely the same? Having regard to the acts as a whole, consisting of possessing the heroin in question in Italy, exporting it from Italy, importing it into the Netherlands and having it at one's disposal in the Netherlands, are those ‘the same acts’?) |
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1.

What is to be understood by the same acts within the meaning of Article 54 of the Convention implementing the Schengen Agreement (CISA)? (1) (Is having at one's disposal approximately 1 000 grams of heroin in the Netherlands in or around the period from 27 to 30 March 1983 the same act as being in possession of approximately five kilograms of heroin in Italy on or about 27 March 1983, regard being had to the fact that the consignment of heroin in the Netherlands formed part of the consignment of heroin in Italy? Is exporting a consignment of heroin from Italy to the Netherlands the same act as importing the same consignment of heroin from Italy into the Netherlands, regard also being had to the fact that Mr Van Straaten's fellow accused in the Netherlands and Italy are not entirely the same? Having regard to the acts as a whole, consisting of possessing the heroin in question in Italy, exporting it from Italy, importing it into the Netherlands and having it at one's disposal in the Netherlands, are those ‘the same acts’?)

the same acts

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| 2. | Is a person's trial disposed of, for the purposes of Article 54 of the CISA, if the charge brought against that person has been declared not to have been legally and satisfactorily proved and that person has been acquitted on that charge by way of a judgment? |
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2.

Is a person's trial disposed of, for the purposes of Article 54 of the CISA, if the charge brought against that person has been declared not to have been legally and satisfactorily proved and that person has been acquitted on that charge by way of a judgment?

trial disposed of

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(1)  The Schengen acquis – Agreement 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 (OJ L 239 of 22 September 2000, pp. 13 to 18).

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