76By contrast, if the material facts do not make up such a set, the mere fact that the court before which the second prosecution is brought finds that the alleged perpetrator of those acts acted with the same criminal intention does not suffice to indicate that there is a set of concrete circumstances which are inextricably linked together covered by the notion of ‘same acts’ within the meaning of Article 54 of the CISA (judgment of 18 July 2007, Kraaijenbrink, C‑367/05, EU:C:2007:444, paragraph 29).
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