# C_2022359EN.01000501.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/5 |
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19.9.2022

EN

Official Journal of the European Union

C 359/5

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Judgment of the Court (Third Chamber) of 14 July 2022 (request for a preliminary ruling from the Cour de cassation — France) — Execution of a European arrest warrant against KL

(Case C-168/21) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - Article 2(4) - Condition of double criminality of the act - Article 4.1 - Ground for optional non-execution of a European arrest warrant - Review by the executing judicial authority - Acts some of which constitute an offence under the law of the executing Member State - Article 49(3) of the Charter of Fundamental Rights of the European Union - Principle of proportionality of criminal offences and penalties)

(2022/C 359/05)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

KL

Intervening party: Procureur général près la cour d’appel d’Angers

Operative part of the judgment

| 1. | Article 2(4) and Article 4.1 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, must be interpreted as meaning that the condition of double criminality of the act, provided for in those provisions, is met in the situation in which a European arrest warrant has been issued for the enforcement of a custodial sentence handed down for acts which are covered, in the issuing Member State, by an offence which requires that those acts impair a legal interest protected in that Member State, where such acts are also covered by a criminal offence under the law of the executing Member State and the impairment of that legal interest is not an element constituting that criminal offence. |
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1.

Article 2(4) and Article 4.1 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, must be interpreted as meaning that the condition of double criminality of the act, provided for in those provisions, is met in the situation in which a European arrest warrant has been issued for the enforcement of a custodial sentence handed down for acts which are covered, in the issuing Member State, by an offence which requires that those acts impair a legal interest protected in that Member State, where such acts are also covered by a criminal offence under the law of the executing Member State and the impairment of that legal interest is not an element constituting that criminal offence.

| 2. | Article 2(4) and Article 4.1 of Framework Decision 2002/584, as amended by Framework Decision 2009/299, read in the light of Article 49(3) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that the executing judicial authority may not refuse to execute a European arrest warrant issued for the enforcement of a custodial sentence where that sentence was imposed in the issuing Member State for the commission by the requested person of a single offence consisting of several acts and only some of those acts constitute a criminal offence in the executing Member State. |
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2.

Article 2(4) and Article 4.1 of Framework Decision 2002/584, as amended by Framework Decision 2009/299, read in the light of Article 49(3) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that the executing judicial authority may not refuse to execute a European arrest warrant issued for the enforcement of a custodial sentence where that sentence was imposed in the issuing Member State for the commission by the requested person of a single offence consisting of several acts and only some of those acts constitute a criminal offence in the executing Member State.

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(1)  OJ C 228, 14.6.2021.

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