Request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg (Austria) lodged on 28 January 2022 – NK

(Case C-55/22)

Language of the case: German

Referring court

Landesverwaltungsgericht Vorarlberg

Parties to the main proceedings

Appellant: NK

Respondent authority: Bezirkshauptmannschaft Feldkirch

Question referred

Is the principle of [ne] bis in idem, as guaranteed by Article 50 of the Charter, to be interpreted as meaning that the competent administrative penal authority of a Member State is prevented from imposing a fine on a person for infringement of a provision of the legislation on games of chance if administrative penal proceedings brought previously against the same person for an infringement of a different provision of the legislation on games of chance (or, more generally, a rule from the same field of law), which were based on the same facts, were finally terminated after an oral hearing with the taking of evidence had been held?

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