Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 28 września 2006 r. w sprawie C 467/04 postępowanie karne przeciwko Giuseppe Francesco Gasparini i innym

Abstrakt

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 on 19 June 1990, applies in respect of a decision of a court of a Contracting State, made after criminal proceedings have been brought, by which the accused is acquitted fi nally because prosecution of the off ence is time-barred. That principle does not apply to persons other than those whose trial has been fi nally disposed of in a Contracting State.