Official Journal of the European Union

C series

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C/2025/3407

30.6.2025

(Case C-293/25, Moguchev)

(C/2025/3407)

Language of the case: Bulgarian

Referring court

Party to the main proceedings

Respondent

Sofiyska apelativna prokuratura

Question referred

Must Article 8(1) and Article 25 of Council Framework Decision 2008/909/JHA (2) of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union be interpreted as permitting national legislation and case-law under which a national court seised of the enforcement of a ‘custodial sentence’ and a certificate as referred to in Article 5(1) of that framework decision to follow a procedure, provided for by national law, for the recognition and enforcement of that judgment, other than the procedure provided for by the national law transposing that framework decision, if the certificate and the judgment have been forwarded after a court of the same State has refused to execute the European arrest warrant and has undertaken to enforce the sentence in accordance with point 6 of Article 4 of Council Framework Decision 2002/584/JHA (3) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States?

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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)

OJ 2008 L 327, p. 27.

(3)

OJ 2002 L 190, p. 1.

ELI: http://data.europa.eu/eli/C/2025/3407/oj

ISSN 1977-091X (electronic edition)

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