Zoran Spasic

The rule, in the Schengen Area, restricting the application of the ne bis in idem principle to cases in which the penalty imposed in a Member State has been enforced or is actually in the process of being enforced is not contrary to the Charter of Fundamental Rights.

Where the penalty consists of a term of imprisonment and a fine, both imposed as principal penalties, the payment of the fine alone is not sufficient to consider that the penalty has been
enforced.

Source: CJEU Press release No 77/14, 27 May 2014.