62023CJ0481_SUM
Case C‑481/23 [Sangas] (
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)
JMTB
(Request for a preliminary ruling from the Audiencia Nacional)
Judgment of the Court (Fifth Chamber) of 10 April 2025
(Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4(4) and (6) – Grounds for optional non-execution – Condition that the acts fall within the jurisdiction of the executing Member State under its own criminal law – Conviction which is not final – European arrest warrant issued for the purposes of criminal prosecution)
Judicial cooperation in criminal matters – Framework decision on the European arrest warrant and the surrender procedures between Member States – Grounds for optional non-execution of the European arrest warrant – Requested person staying in, or being a resident of, the executing Member State within the meaning of Article 4(6) of the framework decision – Arrest warrant not issued for the purposes of executing a custodial sentence or detention order – Refusal to execute such an arrest warrant – Not permissible
(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Arts 1(1) and 4(6))
(see paragraphs 24-30, operative part 1)
Police and judicial cooperation in criminal matters – Framework decision on the European arrest warrant and the surrender procedures between Member States – Grounds for optional non-execution of the European arrest warrant – Criminal prosecution or punishment statute-barred according to the law of the executing Member State – Acts which fall outside the jurisdiction of that Member State under its own criminal law – Refusal to execute the arrest warrant – Not permissible
(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 4(4))
(see paragraphs 32-34, operative part 2)
See the text of the decision.
(
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)	The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.