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Case C-398/22: Request for a preliminary ruling from the Kammergericht Berlin (Germany) lodged on 15 June 2022 — Generalstaatsanwaltschaft Berlin
ECLI:EU:UNKNOWN:62022CN0398
62022CN0398
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Valentina R., lawyer
19.9.2022
Official Journal of the European Union
C 359/36
(Case C-398/22)
(2022/C 359/41)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Generalstaatsanwaltschaft Berlin
Other party: RQ
Questions referred
1.Where appeal proceedings have been conducted, is the concept of ‘trial’ in Article 4a(1) of Framework Decision 2002/584/JHA, (1) as amended by Framework Decision 2009/299/JHA, (2) to be interpreted as relating to the trial which preceded the decision at first instance if only the requested person lodged an appeal and either it was dismissed without examination of the merits or the judgment at first instance was varied in his or her favour?
2.Is it compatible with the primacy of EU law for the German legislature to have configured the case of conviction in absentia as an absolute impediment to surrender in Paragraph 83(1)(3) of the Gesetz über die internationale Rechtshilfe in Strafsachen (Law on international mutual legal assistance in criminal matters), even though Article 4a(1) of Framework Decision 2002/584/JHA, as amended by Framework Decision 2009/299/JHA, provides only for an optional ground for refusal in that regard?
(1) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).
(2) Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).