«(Convention implementing the Schengen Agreement – Ne bis in idem principle – Scope – Decisions by which the Public Prosecutor definitively discontinues criminal proceedings, without the involvement of a court, once the accused has satisfied certain conditions)»

1.. European Union – Police and judicial cooperation in criminal matters – Protocol integrating the Schengen acquis – Convention implementing the Schengen Agreement – Ne bis in idem principle – Scope – Decision of the Public Prosecutor definitively discontinuing criminal proceedings against an accused provided the accused fulfils certain obligations – Whether included (Convention implementing the Schengen Agreement, Arts 54, 55 and 58)

2.. European Union – Police and judicial cooperation in criminal matters – Protocol integrating the Schengen acquis – Convention implementing the Schengen Agreement – Ne bis in idem principle – Application as regards a decision of the Public Prosecutor definitively discontinuing criminal proceedings against an accused provided the accused fulfils certain obligations – Scope limited to acts of public authorities, not affecting the victim's civil rights of action (Convention implementing the Schengen Agreement, Art. 54)

JUDGMENT OF THE COURT 11 February 2003 (1)

((Convention implementing the Schengen Agreement – Ne bis in idem principle – Scope – Decisions by which the Public Prosecutor definitively discontinues criminal proceedings, without the involvement of a court, once the accused has satisfied certain conditions))

In Joined Cases C-187/01 and C-385/01,

REFERENCES to the Court under Article 35 EU by the Oberlandesgericht Köln (Germany) and the Rechtbank van eerste aanleg te Veurne (Belgium) for a preliminary ruling in the criminal proceedings before those courts against

on the interpretation of Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2000 L 239, p. 19), signed on 19 June 1990 at Schengen (Luxembourg),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen (Rapporteur) and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Gözütok, represented by N. Hack, of the German Government, represented by A. Dittrich, acting as Agent, of the Belgian Government, represented by A. Snoecx, J. Devadder and W. Detavernier, acting as Agents, of the French Government, represented by R. Abraham, of the Italian Government, represented by G. Aiello, avvocato dello Stato, of the Netherlands Government, represented by C. Wissels, acting as Agent, and of the Commission, represented by W. Bogensberger and R. Troosters, at the hearing on 9 July 2002,

after hearing the Opinion of the Advocate General at the sitting on 19 September 2002,

gives the following

...

Case C-187/01

Case C-385/01

On those grounds,

THE COURT,

in answer to the questions referred to it by the Oberlandesgericht Köln and the Rechtbank van eerste aanleg te Veurne by orders of 30 March 2001 and 4 May 2001 respectively, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 11 February 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President