do-me/EUR-LEX huggingface dataset:
Case C-294/16: Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi — Śródmieścia w Łodzi — Poland) — JZ v Prokuratura Rejonowa Łódź — Śródmieście (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Article 26(1) — European arrest warrant — Effects of the surrender — Deduction of the period of detention served in the executing Member State — Concept of ‘detention’ — Measures involving a restriction of liberty other than imprisonment — Curfew in conjunction with the wearing of an electronic tag — Charter of Fundamental Rights of the European Union — Articles 6 and 49)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: EU police cooperation, European arrest warrant, detention before trial, restriction of liberty








C_2016402EN.01001201.xml










31.10.2016   


EN


Official Journal of the European Union


C 402/12





Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi — Śródmieścia w Łodzi — Poland) — JZ v Prokuratura Rejonowa Łódź — Śródmieście
(Case C-294/16) (1)

((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - Article 26(1) - European arrest warrant - Effects of the surrender - Deduction of the period of detention served in the executing Member State - Concept of ‘detention’ - Measures involving a restriction of liberty other than imprisonment - Curfew in conjunction with the wearing of an electronic tag - Charter of Fundamental Rights of the European Union - Articles 6 and 49))
(2016/C 402/15)
Language of the case: Polish

Referring court

Sąd Rejonowy dla Łodzi — Śródmieścia w Łodzi

Parties to the main proceedings


Applicant: JZ

Defendant: Prokuratura Rejonowa Łódź — Śródmieście

Operative part of the judgment

Article 26(1) 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 measures such as a nine-hour night-time curfew, in conjunction with the monitoring of the person concerned by means of an electronic tag, an obligation to report to a police station at fixed times on a daily basis or several times a week, and a ban on applying for foreign travel documents, are not, in principle, having regard to the type, duration, effects and manner of implementation of all those measures, so restrictive as to give rise to a deprivation of liberty comparable to that arising from imprisonment and thus to be classified as ‘detention’ within the meaning of that provision, which it is nevertheless for the referring court to ascertain.


(1)  OJ C 296, 16.8.2016.
Case C-330/15 P: Judgment of the Court (First Chamber) of 28 July 2016 — Johannes Tomana and Others v Council of the European Union, European Commission, United Kingdom of Great Britain and Northern Ireland (Appeal — Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it — List of persons, groups and entities covered by the freezing of funds and economic resources — Inclusion of the appellants’ names)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: Zimbabwe, common foreign and security policy, economic sanctions, international sanctions, trade restriction








C_2016350EN.01001001.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/10





Judgment of the Court (First Chamber) of 28 July 2016 — Johannes Tomana and Others v Council of the European Union, European Commission, United Kingdom of Great Britain and Northern Ireland
(Case C-330/15 P) (1)

((Appeal - Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it - List of persons, groups and entities covered by the freezing of funds and economic resources - Inclusion of the appellants’ names))
(2016/C 350/12)
Language of the case: English

Parties


Appellants: Johannes Tomana and Others (represented by: M. O’Kane, Solicitor, M. Lester and Z. Al-Rikabi, Barristers)

Other parties to the proceedings: Council of the European Union (represented by: B. Driessen and A. Vitro, Agents), European Commission (represented by: E. Georgieva, M. Konstantinidis and T. Scharf, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: M. Holt, Agent, and S. Lee, Barrister)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Johannes Tomana and the 120 other appellants whose names are listed in the annex to the present judgment to bear their own costs and to pay those incurred by the Council of the European Union and the European Commission;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 302, 14.9.2015.