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Joined Cases C-404/15 and C-659/15 PPU: Judgment of the Court (Grand Chamber) of 5 April 2016 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen — Germany) — Execution of European arrest warrants issued in respect of Pál Aranyosi (C-404/15), Robert Căldăraru (C-659/15 PPU) (Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal to execute — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State)
ECLI:EU:UNKNOWN:62015CA0404
62015CA0404
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13.6.2016
Official Journal of the European Union
C 211/21
(Joined Cases C-404/15 and C-659/15 PPU) (1)
((Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Grounds for refusal to execute - Charter of Fundamental Rights of the European Union - Article 4 - Prohibition of inhuman or degrading treatment - Conditions of detention in the issuing Member State))
(2016/C 211/27)
Language of the case: German
Referring court
Parties to the main proceedings
Operative part of the judgment
Article 1(3), Article 5 and Article 6(1) 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, where there is objective, reliable, specific and properly updated evidence with respect to detention conditions in the issuing Member State that demonstrates that there are deficiencies, which may be systemic or generalised, or which may affect certain groups of people, or which may affect certain places of detention, the executing judicial authority must determine, specifically and precisely, whether there are substantial grounds to believe that the individual concerned by a European arrest warrant, issued for the purposes of conducting a criminal prosecution or executing a custodial sentence, will be exposed, because of the conditions for his detention in the issuing Member State, to a real risk of inhuman or degrading treatment, within the meaning of Article 4 of the Charter, in the event of his surrender to that Member State. To that end, the executing judicial authority must request that supplementary information be provided by the issuing judicial authority, which, after seeking, if necessary, the assistance of the central authority or one of the central authorities of the issuing Member State, under Article 7 of the Framework Decision, must send that information within the time limit specified in the request. The executing judicial authority must postpone its decision on the surrender of the individual concerned until it obtains the supplementary information that allows it to discount the existence of such a risk. If the existence of that risk cannot be discounted within a reasonable time, the executing judicial authority must decide whether the surrender procedure should be brought to an end.
(1) OJ C 320, 28.9.2015.
(2) OJ C 59, 15.2.2016.