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Case C-481/23, Sangas: Judgment of the Court (Fifth Chamber) of 10 April 2025 (request for a preliminary ruling from the Audiencia Nacional – Spain) – Criminal proceedings against JMTB (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4(4) and (6) – Grounds for optional non-execution – Condition that the acts fall within the jurisdiction of the executing Member State under its own criminal law – Conviction which is not final – European arrest warrant issued for the purposes of criminal prosecution)
ECLI:EU:UNKNOWN:62023CA0481
62023CA0481
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Official Journal of the European Union
C series
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C/2025/2825
(Case C-481/23,
(1)
Sangas)
(2)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 4(4) and (6) - Grounds for optional non-execution - Condition that the acts fall within the jurisdiction of the executing Member State under its own criminal law - Conviction which is not final - European arrest warrant issued for the purposes of criminal prosecution)
(C/2025/2825)
Language of the case: Spanish
Referring court
Party in the main proceedings
Interveners:
Ministerio Fiscal, Abogado del Estado
Operative part of the judgment
Article 4(6) 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 the judicial authority executing a European arrest warrant cannot refuse to execute that arrest warrant on the basis of that provision where that arrest warrant has not been issued for the purposes of execution of a custodial sentence or detention order.
Article 4(4) of Framework Decision 2002/584, as amended by Framework Decision 2009/299,
must be interpreted as meaning that the judicial authority executing a European arrest warrant cannot refuse to execute that arrest warrant on the basis of that provision where the acts do not fall within the jurisdiction of the executing Member State under its own criminal law, even though the criminal prosecution or punishment of the requested person would have been statute-barred if the law of that Member State had been applicable.
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(1) JO C C/2023/1279.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2025/2825/oj
ISSN 1977-091X (electronic edition)
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