# C_2016287EN.01001201.xml

| 8.8.2016 | EN | Official Journal of the European Union | C 287/12 |
| --- | --- | --- | --- |

8.8.2016

EN

Official Journal of the European Union

C 287/12

---

Judgment of the Court (Second Chamber) of 1 June 2016 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Parchetul de pe lângă Curtea de Apel Cluj v Niculaie Aurel Bob-Dogi

(Case C-241/15) (1)

1

((Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 8(1)(c) - Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’ - No national arrest warrant issued prior to and separately from the European arrest warrant - Effect))

(2016/C 287/15)

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Parties to the main proceedings

Applicant: Parchetul de pe lângă Curtea de Apel Cluj

Applicant:

Defendant: Niculaie Aurel Bob-Dogi

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 8(1)(c) of the 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, is to be interpreted as meaning that the term ‘arrest warrant’, as used in that provision, must be understood as referring to a national arrest warrant that is distinct from the European arrest warrant. |
| --- | --- |

1.

Article 8(1)(c) of the 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, is to be interpreted as meaning that the term ‘arrest warrant’, as used in that provision, must be understood as referring to a national arrest warrant that is distinct from the European arrest warrant.

| 2. | Article 8(1)(c) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, is to be interpreted as meaning that, where a European arrest warrant based on the existence of an ‘arrest warrant’ within the meaning of that provision does not contain any reference to the existence of a national arrest warrant, the executing judicial authority must refuse to give effect to it if, in the light of the information provided pursuant to Article 15(2) of Framework Decision 2002/584, as amended, and any other information available to it, that authority concludes that the European arrest warrant is not valid because it was in fact issued in the absence of any national warrant separate from the European arrest warrant. |
| --- | --- |

2.

Article 8(1)(c) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, is to be interpreted as meaning that, where a European arrest warrant based on the existence of an ‘arrest warrant’ within the meaning of that provision does not contain any reference to the existence of a national arrest warrant, the executing judicial authority must refuse to give effect to it if, in the light of the information provided pursuant to Article 15(2) of Framework Decision 2002/584, as amended, and any other information available to it, that authority concludes that the European arrest warrant is not valid because it was in fact issued in the absence of any national warrant separate from the European arrest warrant.

---

(1)  OJ C 245, 27.7.2015.

1

---