Decision of the Court of Cassation, VI Criminal Section, No. 15905 of 8 April 2014

The Court of Cassation annulled the decision of the Court of Appeal of Bologna, which had refused the surrender to Bulgarian authorities of a Bulgarian national who had been convicted in his country, with a final judgment, for the offense of fraud committed in Italy. Differently from the hypothesis of lis pendens, the case of res iudicata implies that Italy must refrain from exercise its jurisdiction over the same person and for the same facts, in accordance with the ne bis in idem principle recognized by Article 50 of the Charter of Fundamental Rights of the EU and Article 54 of the 1990 Convention Implementing the Schengen Agreement.