Communication: new case No. 0058 of 2022

IDENTIFIER
62022CN0058
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



30.5.2022   

EN

Official Journal of the European Union

C 213/21


Request for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 28 January 2022 — NR v Parchetul de pe lângă Curtea de Apel Craiova

(Case C-58/22)

(2022/C 213/29)

Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings

Appellant: NR

Other party: Parchetul de pe lângă Curtea de Apel Craiova

Question referred

Is the ne bis in idem principle, as guaranteed by Article 50 of the Charter of Fundamental Rights of the European Union, in conjunction with Romania’s obligations to address the benchmarks set out in the CVM decision (Commission Decision 2006/928), to be interpreted as meaning that a decision to take no further action, issued by the public prosecutor after obtaining essential evidence in the case, precludes another public prosecution from being brought against the same person, for the same acts, albeit with a different legal classification, since that decision is final — unless it is established that the circumstance on which the discontinuance was based does not exist, or new facts or circumstances have emerged which show that the circumstance on which the discontinuance was based no longer exists?



Citations

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