27.2.2023
EN
Official Journal of the European Union
C 71/13
Intervening party: Generalbundesanwalt beim Bundesgerichtshof
Operative part of the judgment 1.
Article 3(1) and (5) of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings must be interpreted as meaning that a Member State is not required, in criminal proceedings brought against a person, to attach to previous convictions handed down in another Member State, against that person and in respect of different facts, effects equivalent to those attached to previous national convictions in accordance with the rules of the national law concerned relating to the formation of a cumulative sentence where, first, the offence giving rise to those previous proceedings was committed before the previous convictions were handed down and, secondly, taking account of the previous convictions in accordance with those rules of national law would prevent the national court hearing the proceedings from imposing a sentence that could be executed against the person concerned. 2.
The second subparagraph of Article 3(5) of Framework Decision 2008/675 must be interpreted as meaning that the taking into account of previous convictions handed down in another Member State, within the meaning of that provision, does not require the national court to establish and give specific reasons for the disadvantage resulting from the impossibility of imposing a subsequent cumulative sentence which is laid down for earlier national convictions.
(1)
OJ C 424, 7.11.2022.
Order of the President of the Court of Justice of 12 January 2023 (request for a preliminary ruling from the Administratīvā rajona tiesa — Latvia) — ‘MS Konsultanti’ SIA v Valsts ieņēmumu dienests (Case C-359/21) (1) (Removal from the Register) (2023/C 71/15) Language of the case: Latvian Referring court Administratīvā rajona tiesa
Parties to the main proceedings Applicant: ‘MS Konsultanti’ SIA Defendant: Valsts ieņēmumu dienests
Operative part of the order Case C-359/21 is removed from the Register of the Court.
(1)
Date of filing: 8.6.2021