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Case C-164/22, Juan: Judgment of the Court (First Chamber) of 21 September 2023 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Execution of the European arrest warrant issued against Juan (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for non-execution — Point 2 of Article 3 — Principle ne bis in idem — Concept of ‘same acts’ — Set of concrete circumstances which are inextricably linked together — Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims)
ECLI:EU:UNKNOWN:62022CA0164
62022CA0164
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Official Journal of the European Union
Series C
C/2023/631
13.11.2023
(Case C-164/22, (*) Juan)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Grounds for non-execution - Point 2 of Article 3 - Principle ne bis in idem - Concept of ‘same acts’ - Set of concrete circumstances which are inextricably linked together - Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims)
(C/2023/631)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: Juan
Other party: Ministerio Fiscal
Operative part of the judgment
Point 2 of Article 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 precluding the execution of a European arrest warrant issued by a Member State in a situation where the requested person has already been finally judged in another Member State and is serving a prison sentence there for the offence established in that judgment, provided that that person is being prosecuted in the issuing Member State in respect of the same acts, without it being necessary, in order to establish the existence of the ‘same acts’, to take account of the classification of the offences in question under the law of the executing Member State.
ELI: http://data.europa.eu/eli/C/2023/631/oj
ISSN 1977-091X (electronic edition)
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(*) Language of the case: Spanish.