# C_2021138EN.01001901.xml

| 19.4.2021 | EN | Official Journal of the European Union | C 138/19 |
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19.4.2021

EN

Official Journal of the European Union

C 138/19

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Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 4 February 2021 — Criminal proceedings against KT

(Case C-71/21)

(2021/C 138/25)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Requested person

KT

Questions referred

| 1. | Do the provisions of Article 1(2) and (3) of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway allow the issue of a new arrest warrant for the purposes of criminal prosecution in the same case against a person whose surrender has been refused by a Member State of the European Union on the basis of Article 1(3) of that agreement, read in conjunction with Article 6 of the Treaty on European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms? |
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1.

Do the provisions of Article 1(2) and (3) of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway allow the issue of a new arrest warrant for the purposes of criminal prosecution in the same case against a person whose surrender has been refused by a Member State of the European Union on the basis of Article 1(3) of that agreement, read in conjunction with Article 6 of the Treaty on European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms?

| 2. | Do the provisions of Article 1(3) of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, as well as those of Articles 21(1) and 67(1) of the Treaty on the Functioning of the European Union and those of Articles 6 and 45(1) of the Charter of Fundamental Rights of the European Union, allow a Member State, to which an arrest warrant is addressed, to rule again in the case in which another Member State refused to surrender the same person for the purposes of criminal prosecution in the same case, after the requested person has exercised his or her right of free movement and moved from the State in which surrender had been refused to the State to which the new arrest warrant is addressed? |
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2.

Do the provisions of Article 1(3) of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, as well as those of Articles 21(1) and 67(1) of the Treaty on the Functioning of the European Union and those of Articles 6 and 45(1) of the Charter of Fundamental Rights of the European Union, allow a Member State, to which an arrest warrant is addressed, to rule again in the case in which another Member State refused to surrender the same person for the purposes of criminal prosecution in the same case, after the requested person has exercised his or her right of free movement and moved from the State in which surrender had been refused to the State to which the new arrest warrant is addressed?

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