Case C-297/07: Judgment of the Court (Second Chamber) of 11 December 2008 (reference for a preliminary ruling from the Landgericht Regensburg — Germany) — Criminal proceedings against Klaus Bourquain (Convention implementing the Schengen Agreement — Article 54 — Ne bis in idem principle — Scope — Conviction in absentia in respect of the same acts — Concept of finally disposed of — Procedural rules of national law — Concept of penalty which can no longer be enforced )
Date: 2008-12-11
Institutions: Court of Justice
Subjects: Germany, Schengen Agreement, border control, criminal procedure, interpretation of the law, penalty

7.2.2009

EN

Official Journal of the European Union

C 32/5

Other parties to the proceedings: Département du Loiret, Scott SA
(represented by: J. Lever QC, J. Gardner and G. Peretz, Barristers,
instructed by R. Griffith and M. Papadakis, Solicitors)

Re:

Appeal against the judgment of 29 March 2007 of the Court of
First Instance (First Chamber) in Case T-369/00 Département du
Loiret v Commission, by which the Court annulled Commission
Decision 2002/14/EC of 12 July 2000 on the State aid granted
by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12,
p. 1) in so far as it concerns the aid granted in the form of the
preferential price for a property referred to in Article 1 thereof
— Method for calculating interest due on sums unlawfully
received: simple or compound interest rates? — Reasons for the
choice of that method and reversal of the burden of proof —
Point in time at which the existence of an unlawful advantage
falls to be determined

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 29 March 2007 in Case T-369/00
Département du Loiret v Commission [2007] ECR II-851;

the Court of First

Instance of

2. Refers the case back to the Court of First Instance of the European

Communities;

3. Reserves the costs.

(1) OJ C 211, 8.9.2007.

Re:

Reference for a preliminary ruling — Landgericht Regensburg
— Interpretation of Article 54 of the Convention implementing
the Schengen Agreement of 14 June 1985 between the Govern-
ments 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 2000 L 239,
p. 19) — Interpretation of ne bis in idem principle — Conviction
in absentia in respect of same acts — No enforcement and
conviction subsequently covered by general amnesty

Operative part of the judgment

The Court:

The ne bis in idem principle, 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 in Schengen (Luxembourg)
on 19 June 1990, is applicable to criminal proceedings instituted in a
Contracting State against an accused whose trial for the same acts as
those for which he faces prosecution was finally disposed of in another
Contracting State, even though, under the law of the State in which he
was convicted, the sentence which was imposed on him could never, on
account of specific features of procedure such as those referred to in the
main proceedings, have been directly enforced.

(1) OJ C 211, 8.9.2007.

Judgment of the Court (Second Chamber) of 11 Decem-
ber 2008 (reference for a preliminary ruling from the
Landgericht Regensburg — Germany) — Criminal proceed-
ings against Klaus Bourquain

(Case C-297/07) (1)

(Convention implementing the Schengen Agreement —
Article 54 — ‘Ne bis in idem’ principle — Scope — Convic-
tion in absentia in respect of the same acts — Concept of
‘finally disposed of’ — Procedural rules of national law —
Concept of ‘penalty which can no longer be enforced’)

Judgment of the Court (Second Chamber) of 11 December
the European Communities v
2008 — Commission of

Freistaat Sachsen

(Case C-334/07 P) (1)

(Appeal — State aid — Proposed scheme for aid to small and
medium-sized enterprises — Compatibility with the common
market — Criteria for assessing State aid — Application
ratione temporis — Proposed scheme notified before the entry
into force of Regulation (EC) No 70/2001 — Decision subse-
quent to entry into force thereof — Legitimate expectations —
Legal certainty — Complete notifications)

(2009/C 32/08)

Language of the case: German

(2009/C 32/09)

Language of the case: German

Referring court

Landgericht Regensburg

Defendant in the criminal proceedings

Klaus Bourquain

Parties

Appellant: Commission of the European Communities (repre-
sented by: K. Gross, acting as Agent)

Other party to the proceedings: Freistaat Sachsen (represented by:
Th. Lübbig, Rechtsanwalt)