Interpretation of Arts. 3 and 4 of Directive (EU) 2016/343 – Presumption of innocence – Art. 48(1) of the Charter of Fundamental Rights of the European Union – Order that no further action be taken – Judicial decision that is not a decision on guilt – Setting aside and referral back to a lower court – Findings made by the higher court as to whether the constituent elements of the offence concerned are present – Obligation on the part of the lower court to comply with the rulings of the higher court – Appropriate measures in the event of breach of the presumption of innocence

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