Analysis: Avoiding formalistic limitations to the scope of the European ne bis in idem: The Court of Justice on the assessment of the idem factum criterion (C 726/21, Inter Consulting).

The case annotation analyses the Inter Consulting case, where the CJEU consistently held that the evaluation of the identity of facts must be made according to the facts as they are described in any relevant procedural act, including the grounds of a decision. Any limitation to the facts as they are described in the formal indictment or in the operative part of a final decision unduly restrict the scope of application of Arts 50 Charter and 54 CISA.