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SF - Openbaar Ministerie (Mandat d’arrêt européen – Garantie de renvoi dans l’État d'exécution)

On 11 March 2020, the Fourth Chamber of the Court delivered its judgment in Case C-314/18 and concluded as follows.

1. Article 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, read in combination with Article 1(3) thereof, as well as with Article 1(a), Article 3(3) and (4) and Article 25 of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that, when the executing Member State makes the return of a person who, being a national or resident of that Member State, is the subject of a European arrest warrant for the purposes of criminal prosecution, subject to the condition that that person, after being heard, is returned to that Member State in order to serve there the custodial sentence or detention order imposed on him in the issuing Member State, that Member State must return that person as soon as the sentencing decision has become final, unless concrete grounds relating to the rights of defence of the person concerned or to the proper administration of justice make his presence essential in the issuing Member State pending a definitive decision on any procedural step coming within the scope of the criminal proceedings relating to the offence underlying the European arrest warrant.

2. Article 25 of Framework Decision 2008/909, as amended by Framework Decision 2009/299, must be interpreted as meaning that, when the execution of a European arrest warrant issued for the purposes of criminal proceedings is subject to the condition set out in Article 5(3) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, the executing Member State can, in order to enforce the execution of a custodial sentence or a detention order imposed in the issuing Member State on the person concerned, adapt the duration of that sentence or detention only within the strict conditions set out in Article 8(2) of Framework Decision 2008/909, as amended by Framework Decision 2009/299.


Case Number C-314/18

Name of the parties Openbaar Ministerie v SF

Date of the judgement 2020-03-11

Court Court of Justice of the European Union (CJEU)

Uploads CL_AG_SF_openbaar_ministerie_2019 and CL_SF_2020