Case C-305/22, CJ, Judgment of 4 September 2025 (Grand Chamber)

Framework Decision 2002/584/JHA – European arrest warrant issued for the purposes of executing a custodial sentence – Grounds for optional non-execution of the European arrest warrant – Concept of ‘finally judged … in respect of the same acts’ – Framework Decision 2008/909/JHA (Articles 25, 4, 22) – Mutual recognition of judgments in criminal matters for the purpose of their enforcement in another Member State.

• The refusal by the executing judicial authority, based on the ground for optional non-execution provided in Article 4(6) of Framework Decision 2002/584, to surrender a person who is the subject of an EAW issued for the purposes of enforcing a custodial sentence presupposes that the executing judicial authority has complied with the conditions and the procedure laid down in Framework Decision 2008/909, as regards (i) the recognition of the judgment in respect of that sentence and (ii) the assumption of responsibility for the enforcement of that sentence. If these presuppositions are missing and the executing authority has still refused to execute the EAW on that ground, the issuing State retains the right to enforce that sentence and therefore to maintain the EAW.
• A decision by which the executing judicial authority has refused, on the basis of Article 4(6) of Framework Decision 2002/584, to surrender a person who is the subject of an EAW issued for the purposes of enforcing a custodial sentence, recognised the sentencing judgment and ordered the enforcement of that sentence in the executing State is not covered by the concept of ‘finally judged … in respect of the same acts’, within the meaning of Article 3(2) of Framework Decision 2002/584.