June 18
2021
Anjum Shabbir
Anjum Shabbir
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14th May 2021
Data, Tech & IP Justice & Litigation

Op-Ed: “Challenging Interpol Red Notices in the EU: the EU judgment in Bundesrepublik Deutschland (Notice rouge d’Interpol) on ne bis in idem and data protection” by Francesco Rossi

Introduction

On 12 May 2021, the Grand Chamber of the Court of Justice delivered its judgment in Bundesrepublik Deutschland (Notice rouge d’Interpol) (C-505/19), providing guidance about the scope and boundaries of the principle of ne bis in idem, as well as the consequent applicable standards of data protection in criminal matters for law enforcement goals.

In the case at hand, the suspect (or ‘the applicant’) benefitted from the prosecutorial discontinuance of criminal proceedings brought against him in Germany. Thereafter, Interpol issued a ‘Red Notice’ – an international alert which is ‘published for seeking the location, detention, arrest, or restriction of movement of a wanted person to obtain extradition, surrender,

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