Judgment_paragraph 37 · M (C-398/12)

37Second, it must be noted that, according to the explanations relating to Article 50 of the Charter, which have to be taken into consideration for the purpose of interpreting it (judgment in Case C‑617/10 Åkerberg Fransson EU:C:2013:105, paragraph 20 and the case-law cited), ‘[a]s regards the situations referred to by Article 4 of Protocol No 7, namely the application of the [ne bis in idem] principle within the same Member State, the guaranteed right has the same meaning and the same scope as the corresponding right in the ECHR’. Given that Article 54 of the CISA makes the final nature of a judicial decision dependent, for the purposes of application of the ne bis in idem principle to possible prosecutions by another Contracting State, on whether or not that decision is final in the Contracting State in which it was made, that point in the explanations is relevant in the present case.