Opinion of the Advocate General — ECLI:EU:C:2016:622
Date: 2016-07-28
Language of the case: Slovak
Subject matter: Judicial cooperation in criminal matters;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Slovakia

Summary — Judgment of the Court (Fifth Chamber), 11 January 2017 Judicial cooperation in criminal matters –Framework Decision 2008/909 on the application of the principle of mutual recognition to judgments in criminal matters — Grounds for non-recognition and non-enforcement — Condition of double criminality — Review — Scope (Council Framework Decision 2008/909, as amended by Council Framework Decision 2009/299, Arts 7(3) and 9(1)(d)) Article 7(3) and Article 9(1)(d) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that the condition of double criminality must be considered to be met, in a situation such as that in the main proceedings, where the factual elements underlying the offence, as reflected in the judgment handed down by the competent authority of the issuing State, would also, per se, be subject to a criminal sanction in the territory of the executing State if they were present in that State. (see para. 54, operative part)