Opinion of the Advocate General — ECLI:EU:C:2022:848
Date: 2022-10-27
Language of the case: English
Subject matter: Judicial cooperation in criminal matters;Police cooperation;Area of freedom, security and justice;Fundamental rights;European Convention on Human Rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Ireland

COURT OF APPEAL 
IN THE MATTER OF THE EUROPEAN ARREST WARRANT ACT 2003 
(AS AMENDED) AND IN THE MATTER OF ARTICLE 267 OF THE 
TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND IN 
THE MATTER OF A REFERENCE TO THE COURT OF JUSTICE OF 
THE EUROPEAN UNION 
BEFORE 
CURIA GREFFE 
Luxembourg 
THE PRESIDENT Entlff 2 O, 08, 2021 
MR. JUSTICE EDW ARDS 
MR. JUSTICE COLLINS 
BETWEEN 
APPEAL NO 20218 
THE MINISTER FOR JUSTICE AND EQUALITY 
RESPONDENT 
AND 
LU 
ORDER DATED THE 30th DAY OF JULY 2021 
FOR REFERENCE TO THE 
APPELLANT 
COURT OF JUSTICE OF THE EUROPEAN UNION PURSUANT TO 
ARTICLE 267 OF THE TREATY 
The appeal on behalf of the Appellant against the judgment and order of 
the High Court (Mr. Justice Binchy) given on the 15th ofDecember 2020 and made 
on the 18th day of December 2020 ( ordering the surrender of the Appellant pursuant 
to Section 16(1) of the European Arrest Warrant Act 2003(as amended) to such 
person duly authorised to recei ve him on behalf of the Republic of Hungary and 
making other ancillary orders and directions) on the grounds set forth in Notice of 
Appeal issued on behalf of the Appellant on the 18th day of January 2021 and the 
C-514/21 - 1

Birmingham P 
Edwards J 
Collins J 
THE COURT OF APPEAL 
Record No 2021/8 
IN THE MATTER OF THE EUROPEAN ARREST WARRANT ACT 2003 
(AS AMENDED) 
BETWEEN 
AND 
THE MINISTER FOR JUSTICE AND EQUALITY 
Applicant/Respondent 
LU 
REQUEST FOR PRELIMINARY RULING 
PURSUANT TO ARTICLE 267 OF THE 
Respondent/Appellant 
TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION 
Thc Rcfcrring Court 
1. This reference is made by the Court of Appeal (The Hon Mr Justice George
Birmingham (President), the Hon Mr Justice John Edwards and the Hon Mr Justice
Maurice Collins).
CURIA GREFFE 
Luxembourg 
Entrét 2 O. 08. 2021 
Contact: Owen Duffy, Registrar of the Court of the Appeal, Office of the Court of 
Appeal, Aras Ui Dhalaigh, The Four Courts, Inns Quay Dublin 7, +353 (0)1 888 6131. 
Email:Owenduffy@courts.ie 
The Parties and their Representatives 
2. The parties to these proceedings are as follows:
The Minister for Justice and Equality ("the Minister"), represented by Ciara 
McMahon, the Chief State Solicitor's Office, Osmond House, Little Ship Street, D08 
V8C5; Tel: +35314176100; Email: ciara_mcmahon@csso.gov.ie, contact@csso.gov.ie 
LU ("the Appellant") represented by Tony Hughes, Tony Hughes & Co. 
Solicitors, 283a Ballyfermot Road, Dublin 10, DlO DE93. Tel: +33516266549; 
Email: tonyhughessolicitor@gmail.com 
Subject Matter of the Dispute in the Main Proceedings 
3. Hungary seeks the surrender of the Appellant pursuant to a European arrest warrant
(EAW) issued on 27 July 2017. The EAW seeks the Appellant's surrender for the
purpose of his serving the remaining 11 months of a one year term of imprisonment
imposed on him following his conviction for four offences arising from incidents of
domestic violence directed at his former spouse, his child and mother-in-law, including
assaulting his former spouse and false imprisonment of her and their child. These
offences were committed in August 2005 and are referred to in this Order as the "2005
Offences"
4. Section (b) of the EA W identifies the relevant enforceable j udgments as a j udgment of
Encsi Municipal Court (as the court of first instance) of 10 October 2006 and a
judgment ofthe Borsod-Abaúj Zemplén Court (as the court of second instance) of 19
April 2007.
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