Case C-168/13 PPU: Judgment of the Court (Second Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil constitutionnel — France) — Jeremy F v Premier ministre (Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Articles 27(4) and 28(3)(c) — European arrest warrant and surrender procedures between Member States — Speciality rule — Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State — Decision of the judicial authority of the executing Member State to give consent — Appeal with suspensive effect — Whether permitted)
Date: 2013-05-30
Institutions: Court of Justice
Subjects: EU police cooperation, European arrest warrant, imprisonment, interpretation of the law








C_2013225EN.01003802.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/38





Judgment of the Court (Second Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil constitutionnel — France) — Jeremy F v Premier ministre
(Case C-168/13 PPU) (1)

(Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - Articles 27(4) and 28(3)(c) - European arrest warrant and surrender procedures between Member States - Speciality rule - Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State - Decision of the judicial authority of the executing Member State to give consent - Appeal with suspensive effect - Whether permitted)
2013/C 225/65
Language of the case: French

Referring court

Conseil constitutionnel

Parties to the main proceedings


Applicant: Jeremy F

Defendant: Premier ministre

Re:

Request for a preliminary ruling — Conseil constitutionnel — Interpretation of Articles 27 and 28 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1) — Extension of the effects of a European arrest warrant — Existence in the requested Member State of an appeal against the decision of the executing judicial authority, in this case the indictment division of a court of appeal — Period of 30 days

Operative part of the judgment

Articles 27(4) and 28(3)(c) 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 not precluding Member States from providing for an appeal suspending execution of the decision of the judicial authority which rules, within 30 days from receipt of the request, on giving consent either to the prosecution, sentencing or detention with a view to the carrying out of a custodial sentence or detention order of a person for an offence committed prior to his surrender pursuant to a European arrest warrant, other than that for which he was surrendered, or to the surrender of a person to a Member State other than the executing Member State, pursuant to a European arrest warrant issued for an offence committed prior to his surrender, provided that the final decision is adopted within the time-limits laid down in Article 17 of the Framework Decision.


(1)  OJ C 156, 1.6.2013.