Notice for the OJ

 

Reference for a preliminary ruling by the Tribunale di Bologna - Sezione 1a penale - by order of that Court of 22 September 2003 in the criminal proceedings against Mario Filimeno Miraglia

    (Case C-469/03)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Bologna - Sezione 1a penale - (Bologna District Court, First Criminal Collegiate Chamber) of 22 September 2003, received at the Court Registry on 10 November 2003, for a preliminary ruling in the criminal proceedings against Mario Filimeno Miraglia on the following question:

Does Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 apply when the decision of the court in the first State appears to discontinue prosecution without adjudicating on the merits of the case and on the sole premise that proceedings are taking place in another State?

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