# C_2023024EN.01001801.xml

| 23.1.2023 | EN | Official Journal of the European Union | C 24/18 |
| --- | --- | --- | --- |

23.1.2023

EN

Official Journal of the European Union

C 24/18

---

Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 5 April 2022 — Criminal proceedings against Abel

(Case C-235/22)

(2023/C 24/24)

Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings

Applicant: Abel

Other party: Ministerio Fiscal

Questions referred

| 1. | Must Articles 126 and 127 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [the Withdrawal Agreement] (1)
  and Articles 18(1) and 21(1) of the Treaty on the Functioning of the European Union be interpreted as applying to a request made after the conclusion of the transition period provided for in the Withdrawal Agreement by a third State for the extradition of a citizen of the United Kingdom who was resident in a Member State both during and after the end of the Withdrawal Agreement in connection with acts committed before and during the period of application of the Withdrawal Agreement?
  If the answer is in the negative, |
| --- | --- |

1.

Must Articles 126 and 127 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [the Withdrawal Agreement] (1)
  and Articles 18(1) and 21(1) of the Treaty on the Functioning of the European Union be interpreted as applying to a request made after the conclusion of the transition period provided for in the Withdrawal Agreement by a third State for the extradition of a citizen of the United Kingdom who was resident in a Member State both during and after the end of the Withdrawal Agreement in connection with acts committed before and during the period of application of the Withdrawal Agreement?

If the answer is in the negative,

| 2. | Must Articles 10, 12, 13, 14, 15, 126 and 127 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [the Withdrawal Agreement] and Article 21 of the Treaty on the Functioning of the European Union be interpreted as meaning that the doctrine established by the judgments of the Court of Justice of the European Union in Cases C-182/15 (Petruhhin), (2)
  Pisciotti (C-191/16) (3)
  and C-897/19 PPU (I.N.) (4)
  applies to an extradition request from a third country in respect of a British national who was a citizen of the European Union at the time of the acts which give rise to the extradition request and who has resided continuously in the territory of another Member State before and during the period of application of the Withdrawal Agreement?
  If the answer is in the negative, |
| --- | --- |

2.

Must Articles 10, 12, 13, 14, 15, 126 and 127 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [the Withdrawal Agreement] and Article 21 of the Treaty on the Functioning of the European Union be interpreted as meaning that the doctrine established by the judgments of the Court of Justice of the European Union in Cases C-182/15 (Petruhhin), (2)
  Pisciotti (C-191/16) (3)
  and C-897/19 PPU (I.N.) (4)
  applies to an extradition request from a third country in respect of a British national who was a citizen of the European Union at the time of the acts which give rise to the extradition request and who has resided continuously in the territory of another Member State before and during the period of application of the Withdrawal Agreement?

If the answer is in the negative,

| 3. | In the light of the mechanism for judicial cooperation in criminal matters established in Articles 62 to 65 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and in Title VII of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, does the doctrine established by the judgments of the Court of Justice of the European Union in Cases C-182/15 (Petruhhin), Pisciotti (C-191/16) and C-897/19 PPU (I.N.) apply to an extradition request from a third country in respect of a British national who was a citizen of the European Union at the time of the acts which give rise to the extradition request and who has resided continuously in the territory of another Member State before and during the period of application of the Withdrawal Agreement? |
| --- | --- |

3.

In the light of the mechanism for judicial cooperation in criminal matters established in Articles 62 to 65 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and in Title VII of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, does the doctrine established by the judgments of the Court of Justice of the European Union in Cases C-182/15 (Petruhhin), Pisciotti (C-191/16) and C-897/19 PPU (I.N.) apply to an extradition request from a third country in respect of a British national who was a citizen of the European Union at the time of the acts which give rise to the extradition request and who has resided continuously in the territory of another Member State before and during the period of application of the Withdrawal Agreement?

---

(1)  OJ 2020 L 29, p. 7.

(2)  Judgment of 6 September 2016, EU:C:2016:630.

(3)  Judgment of 10 April 2018, EU:C:2018:222.

(4)  Judgment of 2 April 2020, EU:C:2020:262.

---