Op Ed: “Three (r)evolutions in a row: ne bis in idem , extradition agreements and the temporal scope of Article 351(1) TFEU: Generalstaatsanwaltschaft München v HF (C 435/22 PPU)”

On 28 October 2022, the Grand Chamber of the Court of Justice issued the much-awaited preliminary ruling in Generalstaatsanwaltschaft München v HF (C-435/22 PPU). The ruling addresses three key issues. Firstly, the Court of Justice clarifies that the protection granted by the ne bis in idem principle applies regardless of the nationality of the person concerned. Therefore, it extends also to third country nationals who have been finally acquitted or convicted in a Member State. Secondly, the same principle prevents the authorities of a Member State from extraditing a person to a requesting third country. Thirdly, the ruling clarifies for the first time the temporal scope of application of Article 351(1) TFEU. The Court of Justice upholds a literal interpretation of this provision, according to which it covers only the international treaties concluded by the Member States before 1 January 1958 or before their accession to the Union.