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Case C-649/19: Judgment of the Court (Fifth Chamber) of 28 January 2021 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against IR (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/13/EU — Articles 4 to 7 — Letters of Rights set out in Annexes I and II — Framework Decision 2002/584/JHA — Right to information in criminal proceedings — Letter of Rights on arrest — Right to be informed of the accusation — Right of access to the materials of the case — Person arrested on the basis of a European arrest warrant in the executing Member State)
ECLI:EU:UNKNOWN:62019CA0649
62019CA0649
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15.3.2021
Official Journal of the European Union
C 88/10
(Case C-649/19)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2012/13/EU - Articles 4 to 7 - Letters of Rights set out in Annexes I and II - Framework Decision 2002/584/JHA - Right to information in criminal proceedings - Letter of Rights on arrest - Right to be informed of the accusation - Right of access to the materials of the case - Person arrested on the basis of a European arrest warrant in the executing Member State)
(2021/C 88/11)
Language of the case: Bulgarian
Referring court
Party in the main criminal proceedings
Interested party: Spetsializirana prokuratura
Operative part of the judgment
1.Article 4 (in particular Article 4(3)), Article 6(2) and Article 7(1) of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings must be interpreted as meaning that the rights referred to therein do not apply to persons who are arrested for the purposes of the execution of a European arrest warrant.
2.The examination of the third and fourth questions referred for a preliminary ruling has revealed nothing that is capable of affecting the validity 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, in the light of Articles 6 and 47 of the Charter of Fundamental Rights of the European Union.
(1) OJ C 413, 9.12.2019.