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The principle ne bis in idem, enshrined in Article 54 of the Convention implementing the Schengen Agreement, does not fall to be applied to a decision of the judicial authorities of one Member State declaring a case to be closed, after the Public Prosecutor has decided not to pursue the prosecution on the sole ground that criminal proceedings have been started in another Member State against the same defendant and for the same acts, without any determination whatsoever as to the merits of the case.

Case Number C-469/03

Name of the parties Criminal proceedings against Filomeno Mario Miraglia.

Date of the judgement 2005-03-10

Court Court of Justice of the European Communities (ECEJ)


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