CELEX: 62014CA0486
Language: en
Date: 2016-06-29 00:00:00
Title: Case C-486/14: Judgment of the Court (Grand Chamber) of 29 June 2016 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Criminal proceedings against Piotr Kossowski (Reference for a preliminary ruling — Convention Implementing the Schengen Agreement — Articles 54 and 55(1)(a) — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Whether an accused may be prosecuted in a Member State after criminal proceedings brought against him in another Member State have been terminated by the public prosecutor’s office without a detailed investigation — No examination of the merits of the case)

12.9.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 335/7
            
         Judgment of the Court (Grand Chamber) of 29 June 2016 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Criminal proceedings against Piotr Kossowski
   (Case C-486/14) (1)
   
   ((Reference for a preliminary ruling - Convention Implementing the Schengen Agreement - Articles 54 and 55(1)(a) - Charter of Fundamental Rights of the European Union - Article 50 - Ne bis in idem principle - Whether an accused may be prosecuted in a Member State after criminal proceedings brought against him in another Member State have been terminated by the public prosecutor’s office without a detailed investigation - No examination of the merits of the case))
   (2016/C 335/08)
   Language of the case: German
   
      Referring court
   
   Hanseatisches Oberlandesgericht Hamburg
   
      Party in the main proceedings
   
   Piotr Kossowski
   
      Other party: Generalstaatsanwaltschaft Hamburg
   
      Operative part of the judgment
   
   The principle of ne bis in idem laid down 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, which was signed in Schengen (Luxembourg) on 19 June 1990, read in the light of Article 50 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a decision of the public prosecutor terminating criminal proceedings and finally closing the investigation procedure against a person, albeit with the possibility of its being reopened or annulled, without any penalties having been imposed, cannot be characterised as a final decision for the purposes of those articles when it is clear from the statement of reasons for that decision that the procedure was closed without a detailed investigation having been carried out; in that regard, the fact that neither the victim nor a potential witness was interviewed is an indication that no such investigation took place.
   
      (1)  OJ C 16, 19.1.2015.