Questions referred:

Is Art. 55 of the Convention implementing the Schengen Agreement (‘the CISA’) compatible with Art. 50 of the Charter of Fundamental Rights of the European Union and does it continue to be valid in so far as it admits, as an exception to the prohibition of double prosecution, that a Contracting Party may, when ratifying, accepting or approving that Convention, declare that it is not bound by Article 54 of the CISA where the acts to which the foreign judgment relates constitute an offence against national security or other equally significant interests of that Contracting Party?

If Question 1 is answered in the affirmative:

Do Articles 54 and 55 of the CISA and Articles 50 and 52 of the Charter preclude an interpretation by the German courts of the declaration made by the Federal Republic of Germany when ratifying the CISA in relation to Paragraph 129 of the Strafgesetzbuch (German Criminal Code, Federal Law Gazette 1994, II 631) that the declaration also covers criminal organisations, such as those at issue in the main proceedings, which engage exclusively in financial crime and do not, in addition, pursue any political, ideological, religious or world-view objectives and also do not seek to gain influence by dishonest means over politics, the media, the public administration, the judiciary or the economy?

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Related links

• AG: Reservation in Relation to Application of ne bis in idem Principle Incompatible with Art. 50 CFR
• ECJ: Double Prosecution of Criminal Organisation Possible