# C_2008260EN.01000401.xml

| 11.10.2008 | EN | Official Journal of the European Union | C 260/4 |
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11.10.2008

EN

Official Journal of the European Union

C 260/4

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Judgment of the Court (Third Chamber) of 12 August 2008 (reference for a preliminary ruling from the Cour d'appel de Montpellier — France) — Criminal proceedings of extradition v Ignacio Pedro Santesteban Goicoechea

(Case C-296/08 PPU) (1)

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(Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - Articles 31 and 32 - European arrest warrant and the surrender procedures between Member States - Possibility for the State executing an extradition request to apply a convention adopted before 1 January 2004 but applicable in that State from a later date)

(2008/C 260/05)

Language of the case: French

Referring court

Cour d'appel de Montpellier

Party in the main proceedings

Ignacio Pedro Santesteban Goicoechea

Re:

Reference for a preliminary ruling — Cour d'appel de Montpellier (France) — Interpretation of Articles 31 and 32 of the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1) — Power of a Member State to use in its relations with another Member State procedures other than those provided for in the Framework Decision, in particular, those provided for by the Dublin Convention of 27 September 1996 relating to extradition between the Member States of the European Union — Effect of the failure of the Member State issuing the arrest warrant to give notification of the agreements and arrangements which it wishes to continue to apply — Possibility, for the Member State executing the arrest warrant, to apply a convention adopted prior to 1 January 2004, but which entered into force in that Member State after that date

Operative part of the judgment

| 1. | Article 31 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 referring only to the situation in which the European arrest warrant system is applicable, which is not the case where a request for extradition relates to acts committed before a date specified by a Member State in a statement made pursuant to Article 32 of that Framework Decision; |
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1.

Article 31 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 referring only to the situation in which the European arrest warrant system is applicable, which is not the case where a request for extradition relates to acts committed before a date specified by a Member State in a statement made pursuant to Article 32 of that Framework Decision;

| 2. | Article 32 of Framework Decision 2002/584 must be interpreted as not precluding the application by an executing Member State of the Convention relating to extradition between the Member States of the European Union drawn up by Council Act of 27 September 1996 and signed on that date by all the Member States, even where that convention became applicable in that Member State only after 1 January 2004. |
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2.

Article 32 of Framework Decision 2002/584 must be interpreted as not precluding the application by an executing Member State of the Convention relating to extradition between the Member States of the European Union drawn up by Council Act of 27 September 1996 and signed on that date by all the Member States, even where that convention became applicable in that Member State only after 1 January 2004.

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(1)  OJ C 223, 30.8.2008.

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