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ECJ Rules on "Same Act" in Terrorist Offences 
27 October 2025 (updated 3 months, 3 weeks ago)
Dr. Anna Pingen Dr. Anna Pingen / Thomas Wahl Thomas Wahl in Issue 2/2025
The EU's ne bis in idem principle prevents a person from being punished for individual terrorist acts if that person has already been punished by another Member State for involvement in a terrorist association with a view to preparing a terrorist act. This is the main statement in the ECJ's ruling of 11 September 2025 in Case C-802/23 (MSIG). Read more
EU Schengen Terrorism Ne bis in idem
ECJ: Double Penalties for an Energy Company May be Justified 
28 February 2025
Thomas Wahl Thomas Wahl in Issue 1/2025
On 30 January 2025, the ECJ ruled on the limitation of the ne bis in idem principle (Art. 50 CFR) in case of two fines imposed on an economic operator in administrative proceedings. The ruling consolidates the ECJ's case law on the interpretation of Art. 50 CFR for administrative punitive proceedings. Read more
EU Fundamental Rights Ne bis in idem
2024 Update on Ne Bis In Idem Case Law 
10 April 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2024
In February 2024, Eurojust published an updated edition of its overview of the CJEU case law on the ne bis in idem principle in criminal matters under Art. 50 of the Charter of Fundamental Rights of the European Union and Arts. 54 to 58 of … Read more
EU Eurojust Ne bis in idem
ECJ: Prosecutorial Orders Not to Take Further Action Do Not Automatically Bar Other Criminal Proceedings 
29 February 2024 (updated 2 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
On 25 January 2024, the ECJ delivered a ruling interpreting the ne bis in idem principle in Art. 50 CFR with regard to two diverging decisions on criminal liability from different prosecution services (Case C-58/22 - NR v Parchetul de pe lângă Curtea de … Read more
EU Ne bis in idem
Spotlight ECJ: Public Prosecutor's Order to Discontinue Proceedings due to Lack of Evidence Triggers ne bis in idem Rule 
1 February 2024 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
In its judgment in Terhelt5, the ECJ concluded that the public prosecutor's decision in one EU Member State to close criminal proceedings against a suspect due to lack of sufficient evidence can trigger the ne bis in idem principle. The judgment includes several clarifications on the condition whether a decision can be considered "finally disposed of" within the meaning of Art. 54 CISA/Art. 50 CFR. Read more
EU Ne bis in idem
FCC: German Legislator Was Prohibited from Introducing Ground for Reopening Criminal Proceedings 
13 December 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 31 October 2023, the German Federal Constitutional Court (FCC) declared a provision void that allowed the reopening of criminal proceedings if new evidence comes to light with regard to very severe offences. The legal basis - Section 362 no. 5 of the German Criminal Procedure Code is incompatible with the German Constitution's double jeopardy rule. Read more
EU Ne bis in idem
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes 
16 November 2023
Thomas Wahl Thomas Wahl
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue. Read more
EU European Arrest Warrant Ne bis in idem
ECJ Clarifies Assessment of "idem" Requirement 
15 November 2023 (updated 2 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 12 October 2023, the ECJ delivered a judgment in which it clarified the methods to asses the requirement of "same facts" under the principle ne bis in idem enshrined in Art. 54 CISA and Art. 50 CFR. Read more
EU Ne bis in idem
Spotlight ECJ: Art. 50 of the Charter Protects Volkswagen from Further Administrative Penalties in Italy 
15 November 2023 (updated 1 year, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
The Italian competition and market supervisory authority can no longer impose an administrative fine on Volkswagen (VW) for the installation of inadmissible defeat devices in their diesel vehicles after VW had received and paid a fine from the public prosecutor's office in Germany in the meantime and in the same context. This was decided by the ECJ in Case C-27/22 on 14 September 2023, following Advocate General Sanchez-Bodona's opinion of 30 March 2023. Read more
EU Ne bis in idem
AG: Volkswagen Cannot Be Penalised in Italy for “Dieselgate” 
10 July 2023 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
According to the opinion of the AG, Volkswagen cannot be punished twice for "Dieselgate" in Italy after having paid a fine in Germany in the same context, because there has not been sufficient coordination between the penalty proceedings in both States. Read more
EU Ne bis in idem
Spotlight ECJ: Double Prosecution of Criminal Organisation Possible 
10 July 2023
Thomas Wahl Thomas Wahl
According to the ECJ, a Member State can exempt certain offences affecting its national security from the scope of the transnational ne bis in idem. This can also concern the offence of forming a criminal organisation in which the person prosecuted participated has engaged exclusively in financial crime, in so far as the action of that organisation intended to punish harm to the security or other equally essential interests of that state. Read more
EU Ne bis in idem
Spotlight CJEU: EU’s Double Jeopardy Ban also Applies to Non-EU Citizens and Blocks Extradition to Third Countries 
17 November 2022
Thomas Wahl Thomas Wahl
On 28 October 2022, the CJEU held that a Serbian (a third country national) cannot be extradited from Germany to the United States if he had already been convicted for the same acts as those in the extradition request in another EU country (here: Slovenia). Art. 54 CISA also applies to non-EU citizens and must be taken into consideration even though a bilateral extradition treaty had limited the principle ne bis in idem to judgments handed down in the requested State only. Read more
EU Ne bis in idem
AG: Reservation in Relation to Application of ne bis in idem Principle Incompatible with Art. 50 CFR 
17 November 2022 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
According to an opinion of 20 October 2022 by AG Szpunar, declarations made on the basis of Art. 55(1) CISA, which permit Member States to make exceptions from the ban of double jeopardy in Art. 54 CISA, no longer apply. They are not provided for by law and, moreover, Art. 55(1) CISA does not respect the essence of the principle ne bis in idem. The declarations should be put to rest. Read more
EU Ne bis in idem
CJEU Clarified Duplication of Punitive Administrative Proceedings in Competition Law 
30 June 2022 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 22 March, the CJEU (Grand Chamber) delivered two important judgments on the duplication of proceedings and penalties of a criminal nature in competition law. The Court specified the protection against double jeopardy provided in Art. 50 CFR. It clarified that the ne bis in idem guarantee has limits and is not absolute. In essence, criteria for the duplication of punitive proceedings developed in 2018 rulings are applied in competition law cases. Read more
EU Fundamental Rights Ne bis in idem
Spotlight ECBA Requests Mutual Recognition of Certain Extradition Decisions in Favour of Individual 
30 June 2022 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In June 2022, the European Criminal Bar Association (ECBA) published a statement on mutual recognition of extradition decisions. The statement deals with the situation that individuals have currently no means or legal remedies to successfully and effectively challenge Interpol Red Notices or alerts in … Read more
EU European Arrest Warrant Judicial Cooperation Ne bis in idem
CJEU Ruled on Duplication of Criminal and Administrative Penalties in French System 
15 June 2022
Thomas Wahl Thomas Wahl
On 5 May 2022, the CJEU ruled on the limits of the ne bis in idem principle enshrined in Art. 50 CFR under the French legal system. Accordingly, EU law does not preclude a duplication of criminal penalties and administrative sanctions with a criminal nature if it is determined by national provisions and foreseeable settled case-law of the supreme court. Read more
EU Fundamental Rights Protection of Financial Interests Ne bis in idem