Case C-435/22 PPU: Judgment of the Court (Grand Chamber) of 28 October 2022 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Criminal proceedings against HF (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Charter of Fundamental Rights of the European Union — Article 50 — Convention implementing the Schengen Agreement — Article 54 — Principle ne bis in idem — Extradition agreement between the European Union and the United States of America — Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State — National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State)
Date: 2022-10-28
Institutions: Court of Justice
Subjects: Schengen Agreement, United States, bilateral agreement, carrying out of sentence, criminal proceedings, extradition, foreign national, judicial cooperation, rights of the defence








C_2022472EN.01002401.xml










12.12.2022   


EN


Official Journal of the European Union


C 472/24






Judgment of the Court (Grand Chamber) of 28 October 2022 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Criminal proceedings against HF
(Case C-435/22 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Charter of Fundamental Rights of the European Union - Article 50 - Convention implementing the Schengen Agreement - Article 54 - Principle ne bis in idem - Extradition agreement between the European Union and the United States of America - Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State - National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State)
(2022/C 472/29)
Language of the case: German

Referring court

Oberlandesgericht München

Party in the main proceedings

HF

Intervening party: Generalstaatsanwaltschaft München

Operative part of the judgment

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, as amended by Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013, read in the light of Article 50 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding the extradition, by the authorities of a Member State, of a third-country national to another third country, where, first, that national has been convicted by final judgment in another Member State for the same acts as those referred to in the extradition request, and has been subject to the sentence imposed in that State, and, second, the extradition request is based on a bilateral extradition treaty limiting the scope of the principle ne bis in idem to judgments handed down in the requested Member State.


(1)  OJ C 326, 29.8.2022.