Judgment_paragraph 39 · Criminal proceedings against MR (C-365/21)

39It is for the referring court, which alone has jurisdiction to rule on the facts, and not for the Court, to determine whether the acts which are the subject of the prosecution at issue in the main proceedings are the same as those in respect of which final judgment has been passed by the Austrian courts. That being so, the Court may provide the referring court with elements of interpretation of EU law in the context of the assessment of the identity of the acts (judgment of 28 October 2022, Generalstaatsanwaltschaft München (Extradition and ne bis in idem), C‑435/22 PPU, EU:C:2022:852, paragraph 133 and the case-law cited).