Case C-192/12 PPU: Judgment of the Court (Second Chamber) of 28 June 2012 (reference for a preliminary ruling from the Korkein oikeus, Finland) — Execution of a European arrest warrant in respect of Melvin West (Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of execution of a custodial sentence — Article 28 — Subsequent surrender — ‘Chain’ of European arrest warrants — Execution of a third European arrest warrant in respect of the same person — Concept of ‘executing Member State’ — Consent to surrender — Urgent preliminary ruling procedure)
Date: 2012-06-28
Institutions: Court of Justice
Subjects: EU police cooperation, European arrest warrant, carrying out of sentence, imprisonment, interpretation of the law








C_2012258EN.01000702.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/7





Judgment of the Court (Second Chamber) of 28 June 2012 (reference for a preliminary ruling from the Korkein oikeus, Finland) — Execution of a European arrest warrant in respect of Melvin West
(Case C-192/12 PPU) (1)

(Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant and surrender procedures between Member States - European arrest warrant issued for the purposes of execution of a custodial sentence - Article 28 - Subsequent surrender - ‘Chain’ of European arrest warrants - Execution of a third European arrest warrant in respect of the same person - Concept of ‘executing Member State’ - Consent to surrender - Urgent preliminary ruling procedure)
2012/C 258/11
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Melvin West

Re:

Reference for a preliminary ruling — Korkein oikeus — Interpretation of Article 28(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Arrest warrant for the execution of a custodial sentence — Concept of ‘executing Member State’ in the case of subsequent surrender — National of Member State A surrendered by that Member State to Member State B for the execution of a term of imprisonment and then, after the end of that term, by Member State B to Member State C for the execution of a term of imprisonment in that State — Request by Member State D to Member State C, under an arrest warrant, for the person concerned to be surrendered to Member State D for the execution of a sentence of imprisonment

Operative part of the judgment

Article 28(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that, where a person has been subject to more than one surrender between Member States pursuant to successive European arrest warrants, the subsequent surrender of that person to a Member State other than the Member State having last surrendered him is subject to the consent only of the Member State which carried out that last surrender.


(1)  OJ C 184, 23.6.2012.