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Case C-717/18: Judgment of the Court (Grand Chamber) of 3 March 2020 (request for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Execution of a European arrest warrant issued against X (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(2) — Execution of a European arrest warrant — Removal of verification of the double criminality of the act — Conditions — Offence punishable by the issuing Member State by a custodial sentence for a maximum period of at least three years — Amendment of the criminal legislation of the issuing Member State between the date of the acts and the date of issue of the European arrest warrant — Version of the law to be taken into account in verifying the maximum sentence threshold of at least three years)
ECLI:EU:UNKNOWN:62018CA0717
62018CA0717
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27.4.2020
Official Journal of the European Union
C 137/18
(Case C-717/18) (1)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 2(2) - Execution of a European arrest warrant - Removal of verification of the double criminality of the act - Conditions - Offence punishable by the issuing Member State by a custodial sentence for a maximum period of at least three years - Amendment of the criminal legislation of the issuing Member State between the date of the acts and the date of issue of the European arrest warrant - Version of the law to be taken into account in verifying the maximum sentence threshold of at least three years)
(2020/C 137/22)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Operative part of the judgment
Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as meaning that, in order to ascertain whether the offence for which a European arrest warrant has been issued is punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years, as it is defined in the law of the issuing Member State, the executing judicial authority must take into account the law of the issuing Member State in the version applicable to the facts giving rise to the case in which the European arrest warrant was issued.
(1) OJ C 35, 28.1.2019.