Case C-416/20 PPU: Judgment of the Court (Fourth Chamber) of 17 December 2020 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Execution of European arrest warrants issued in respect of TR (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4a(1) — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Exceptions — Mandatory execution — Sentence imposed in absentia — Escape of the person being prosecuted — Directive (EU) 2016/343 — Articles 8 and 9 — Right to be present at the trial — Requirements in the event of conviction in absentia — Verification on surrender of the convicted person)
Date: 2020-12-17
Institutions: Court of Justice
Subjects: European arrest warrant, carrying out of sentence, extradition, rights of the defence








C_2021062EN.01001101.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/11






Judgment of the Court (Fourth Chamber) of 17 December 2020 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Execution of European arrest warrants issued in respect of TR
(Case C-416/20 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 4a(1) - Surrender procedures between Member States - Conditions for execution - Grounds for optional non-execution - Exceptions - Mandatory execution - Sentence imposed in absentia - Escape of the person being prosecuted - Directive (EU) 2016/343 - Articles 8 and 9 - Right to be present at the trial - Requirements in the event of conviction in absentia - Verification on surrender of the convicted person)
(2021/C 62/11)
Language of the case: German

Referring court

Hanseatisches Oberlandesgericht Hamburg

Parties to the main proceedings

TR

Intervener: Generalstaatsanwaltschaft Hamburg

Operative part of the judgment

Article 4a 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 the executing judicial authority cannot refuse to execute a European arrest warrant issued for the purposes of executing a custodial sentence or a detention order, where the person concerned has prevented the service of summons on him in person and has failed to appear in person at the trial on account of his escape to the executing Member State, on the sole ground that that authority does not have the assurance that, in the event of surrender to the issuing Member State, the right to a new trial, as defined under Articles 8 and 9 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, will be respected.


(1)  OJ C 390, 16.11.2020.