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Case C-763/22, Procureur de la République (Concurrence of a European arrest warrant and an extradition request): Judgment of the Court (Third Chamber) of 20 March 2025 (request for a preliminary ruling from the tribunal judiciaire de Marseille – France) – Criminal proceedings against OP (Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Conflict between a European arrest warrant and an extradition request presented by a third State – Article 16(3) – Concept of competent authority – National legislation conferring power on a body of the executive to rule on whether the European arrest warrant or the extradition request takes precedence, in the event of a conflict – Right to a remedy)
ECLI:EU:UNKNOWN:62022CA0763
62022CA0763
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Official Journal of the European Union
C series
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C/2025/2628
19.5.2025
(Case C-763/22,
(1)
Procureur de la République (Concurrence of a European arrest warrant and an extradition request))
(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Conflict between a European arrest warrant and an extradition request presented by a third State - Article 16(3) - Concept of ‘competent authority’ - National legislation conferring power on a body of the executive to rule on whether the European arrest warrant or the extradition request takes precedence, in the event of a conflict - Right to a remedy)
(C/2025/2628)
Language of the case: French
Referring court
Party in the main proceedings
intervener: Procureur de la République
Operative part of the judgment
Article 16(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,
must be interpreted as meaning that, in the event of a conflict between a European arrest warrant and an extradition request, a body of the executive may take a decision granting precedence to one of those instruments. There must be an effective judicial remedy against that decision subject to the procedural conditions that it is for the Member States to determine.
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(1)
OJ C 112, 27.3.2023.
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ELI: http://data.europa.eu/eli/C/2025/2628/oj
ISSN 1977-091X (electronic edition)
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