Judgment_paragraph 37 · Criminal proceedings against MR (C-365/21)

37In that regard, it must be stated that the ‘idem’ condition requires that the material facts be identical. Consequently, the principle ne bis in idem is not intended to be applied where the facts at issue are not identical, but merely similar (see, to that effect, judgment of 28 October 2022, Generalstaatsanwaltschaft München (Extradition and ne bis in idem), C‑435/22 PPU, EU:C:2022:852, paragraph 129 and the case-law cited).