Van Esbroeck (Police and judicial cooperation in criminal matters) [2006] EUECJ C-436/04 (09 March 2006)

Van Esbroeck (Police and judicial cooperation in criminal matters) [2006] EUECJ C-436/04 (09 March 2006)

Article 54 CISA applies to criminal proceedings in a Contracting State for acts already adjudicated in another Contracting State, even if the CISA was not in force in the first State at the time of conviction, provided it is in force at the time of the second proceedings. The relevant criterion for 'the same acts'...

Source-derived case information.

Citation
[2006] EUECJ C-436/04
Parties
Defendant: Mr Van Esbroeck; Prosecutor: Belgian Public Prosecutor
Jurisdiction
European Union
Judgment Date
09 March 2006
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Preliminary ruling issued; interpretation of Articles 54 and 71 CISA provided to national court.
Legal Topics
Ne Bis in Idem, Schengen Agreement, Narcotic Drugs Trafficking, Double Jeopardy, Judicial Cooperation
Criminal Law European Union Law Ne Bis in Idem Schengen Agreement Narcotic Drugs Trafficking Double Jeopardy Judicial Cooperation

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Parties

Mr Van Esbroeck

Defendant

Belgian Public Prosecutor

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 54 of the CISA applies to proceedings in a Contracting State for acts already adjudicated in another Contracting State before the CISA entered into force there
  2. 2 Whether export and import of the same narcotic drugs prosecuted in different Contracting States constitute 'the same acts' under Article 54 CISA

Ratio Decidendi

Article 54 CISA applies to criminal proceedings in a Contracting State for acts already adjudicated in another Contracting State, even if the CISA was not in force in the first State at the time of conviction, provided it is in force at the time of the second proceedings. The relevant criterion for 'the same acts' is the identity of material acts, not their legal classification or the protected legal interest. Export and import of the same narcotic drugs prosecuted in different Contracting States are, in principle, to be regarded as 'the same acts' under Article 54 CISA, subject to assessment by national courts.

Court Disposition

Preliminary ruling issued; interpretation of Articles 54 and 71 CISA provided to national court.

Orders

  • Article 54 CISA applies to criminal proceedings in a Contracting State for acts already adjudicated in another Contracting State, even if the CISA was not in force in the first State at the time of conviction, provided it is in force at the time of the second proceedings.
  • The relevant criterion for Article 54 CISA is identity of material acts, not legal classification or protected legal interest; export and import of the same narcotic drugs prosecuted in different Contracting States are, in principle, 'the same acts', subject to national court assessment.