Kossowski v Generalstaatsanwaltschaft Hamburg (Judgment) [2016] EUECJ C-486/14 (29 June 2016)

Kossowski v Generalstaatsanwaltschaft Hamburg (Judgment) [2016] EUECJ C-486/14 (29 June 2016)

A decision by a public prosecutor terminating criminal proceedings and finally closing the investigation, without any penalties imposed and without a detailed investigation (e.g., where neither the victim nor a witness was interviewed), cannot be characterised as a final decision for the purposes of Article 54 CISA and Article 50 of the Charter; thus, ne bis in idem does not bar prosecution in another Member State in such circumstances.

Citation
[2016] EUECJ C-486/14
Parties
Accused: Mr Piotr Kossowski; Prosecutor: Staatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany)
Jurisdiction
European Union
Judgment Date
29 June 2016
Procedural Posture
Preliminary Ruling (criminal) / Reference for Preliminary Ruling From Hanseatisches Oberlandesgericht Hamburg
Outcome
Reference answered; ne bis in idem does not apply in the circumstances described.
Legal Topics
Ne Bis in Idem, Double Jeopardy, Schengen Acquis, Finality of Criminal Proceedings, Mutual Recognition of Judicial Decisions
Criminal Law European Union Law Ne Bis in Idem Double Jeopardy Schengen Acquis Finality of Criminal Proceedings Mutual Recognition of Judicial Decisions

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Parties

Mr Piotr Kossowski

Accused

Staatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany)

Prosecutor

Procedural Posture

Preliminary Ruling (criminal) / Reference for Preliminary Ruling From Hanseatisches Oberlandesgericht Hamburg

Legal Issues

  1. 1 Whether a decision by a public prosecutor terminating criminal proceedings without a detailed investigation constitutes a 'final decision' for ne bis in idem under Article 54 CISA and Article 50 of the Charter
  2. 2 Whether the German reservation under Article 55(1)(a) CISA remains valid after integration of the Schengen acquis into EU law

Ratio Decidendi

A decision by a public prosecutor terminating criminal proceedings and finally closing the investigation, without any penalties imposed and without a detailed investigation (e.g., where neither the victim nor a witness was interviewed), cannot be characterised as a final decision for the purposes of Article 54 CISA and Article 50 of the Charter; thus, ne bis in idem does not bar prosecution in another Member State in such circumstances.

Court Disposition

Reference answered; ne bis in idem does not apply in the circumstances described.

Orders

  • A decision of the public prosecutor terminating criminal proceedings and finally closing the investigation procedure against a person, without penalties imposed and without a detailed investigation, cannot be characterised as a final decision for the purposes of Article 54 CISA and Article 50 of the Charter.