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Case C-264/10: Reference for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 28 May 2010 — Criminal proceedings against Gheorghe Kita

ECLI:EU:UNKNOWN:62010CN0264

62010CN0264

May 28, 2010
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31.7.2010

Official Journal of the European Union

C 209/30

(Case C-264/10)

()

2010/C 209/41

Language of the case: Romanian

Referring court

Parties to the main proceedings

Question referred

Is Article 5(3) of Council Framework Decision 2002/584/JHA (1) of 13 June 2002 to be interpreted as meaning that the return (transfer) of the sentenced person, surrendered earlier in accordance with a European arrest warrant for the purposes of criminal proceedings, to the State of which he is a national takes place automatically, even without his consent, consent that is a condition imposed by the European Convention on the Transfer of Sentenced Persons?

(1) Council Framework Decision on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).

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