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AP (Mesures de probation)

On 26 March 2020, the First Chamber of the Court delivered its judgment in Case C-2/19, A.P. (Mesures de probation), which concerns the interpretation of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

The Court concluded as follows: Article 1(2) of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, read in conjunction with Article 4(1)(d) thereof, must be interpreted as meaning that recognition of a judgment that has imposed a custodial sentence whose execution is suspended subject to the sole condition that a legal obligation not to commit a new criminal offence during a probation period be complied with falls within the scope of that framework decision, provided that that legal obligation results from that judgment or from a probation decision taken on the basis of that judgment, a matter which is for the referring court to establish.


Case Number C-2/19

Name of the parties A.P.

Date of the judgement 2020-03-26

Court Court of Justice of the European Union (CJEU)

Uploads CL_AP_2020 and CL_AG_AP_2020