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Robert Akarsar*

Pending case. Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 14 March 2016 — Riksåklagaren v Zenon

Language of the case: Swedish

Referring court: Högsta domstolen (Sweden)

Parties to the main proceedings: Applicant: Riksåklagaren / Defendant: Zenon Robert Akarsar

Question referred

The question concerns the interpretation of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

Can a Member State refuse to execute a European arrest warrant, which concerns the execution of a custodial sentence which was passed as a combined sentence for a number of offences, when one of those offences does not constitute an offence under the law of the executing Member State and it is not possible in the issuing Member State to order that the sentence be split?

The offence in question does not constitute such an offence covered by Article 2.2 of the Framework Decision in respect of which the requirement of double criminality cannot be applied.

Source: OJ

Case Number C-148/16

Name of the parties Riksåklagaren v Zenon Robert Akarsar

Date of the judgement 2016-04-29

Court Court of Justice (ECJ)