Procura della Repubblica v M

Following a thorough criminal investigation, the judicial authorities of one Member State (Belgium) refused a request to send the person under investigation for trial and instead made a finding of ‘non-lieu’ (roughly equivalent to ‘no case to answer’). That finding effectively terminated the (potential) prosecution before trial, but is capable in national law of being set aside in the light of new facts and/or evidence against the person concerned.

By its request for a preliminary ruling, the Tribunale di Fermo (District Court, Fermo) (Italy) wishes to know whether, under Article 54 of the Convention implementing the Schengen Agreement (‘CISA’), the ne bis in idem principle precludes that person being prosecuted for a crime arising out of the same facts in the criminal courts of another Member State.

The Court concludes that: "Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 (...), must be interpreted as meaning that an order making a finding that there is no ground to refer a case to a trial court which precludes, in the Contracting State in which that order was made, the bringing of new criminal proceedings in respect of the same acts against the person to whom that finding applies, unless new facts and/or evidence against that person come to light, must be considered to be a final judgment, for the purposes of that article, precluding new proceedings against the same person in respect of the same acts in another Contracting State."