Article 4(6) of Council Framework Decision on the European arrest warrant and the surrender procedures between Member States, which provides for a ground for optional non-execution of a EAW when the person "is staying in, or is a national or a resident of the executing Member State", is to be interpreted to the effect that:
– a requested person is ‘resident’ in the executing Member State when he has established his actual place of residence there and he is ‘staying’ there when, following a stable period of presence in that State, he has acquired connections with that State which are of a similar degree to those resulting from residence;
- in order to ascertain whether there are connections between the requested person and the executing Member State which lead to the conclusion that that person is covered by the term ‘staying’ within the meaning of Article 4(6), it is for the executing judicial authority to make an overall assessment of various objective factors characterising the situation of that person, including, in particular, the length, nature and conditions of his presence and the family and economic connections which that person has with the executing Member State.
Case Number C-66/08
Name of the parties Proceedings concerning the execution of a European arrest warrant issued against Szymon Kozłowski.
Date of the judgement 2008-07-17
Court Court of Justice of the European Communities (ECEJ)