Case C-71/21, Sofiyska gradska prokuratura and Others (successive arrest warrants): Judgment of the Court (Sixth Chamber) of 14 September 2023 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — proceedings relating to the execution of the arrest warrant issued against KT (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Agreement on the surrender procedure between, on the one hand, the Member States of the European Union and, on the other hand, the Republic of Iceland and the Kingdom of Norway — Article 1(3) — Fundamental rights — Refusal by a Member State to execute an arrest warrant issued by the Kingdom of Norway — Issuing of a new arrest warrant by the Kingdom of Norway against the same person for the same acts — Examination by another Member State — Taking into account of the refusal to execute the first arrest warrant)
Date: 2023-09-14
Institutions: Court of Justice
Subjects: European arrest warrant, Iceland, Norway, agreement (EU), arrest, extradition, judicial cooperation, public prosecution








C_202300480EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/480


6.11.2023





Judgment of the Court (Sixth Chamber) of 14 September 2023 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — proceedings relating to the execution of the arrest warrant issued against KT
(Case C-71/21, (1) Sofiyska gradska prokuratura and Others (successive arrest warrants))
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Agreement on the surrender procedure between, on the one hand, the Member States of the European Union and, on the other hand, the Republic of Iceland and the Kingdom of Norway - Article 1(3) - Fundamental rights - Refusal by a Member State to execute an arrest warrant issued by the Kingdom of Norway - Issuing of a new arrest warrant by the Kingdom of Norway against the same person for the same acts - Examination by another Member State - Taking into account of the refusal to execute the first arrest warrant)
(C/2023/480)
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Party in the main criminal proceedings

KT

intervening party: Sofiyska gradska prokuratura

Operative part of the judgment







1.


Article 1(3) of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, which was approved, on behalf of the European Union, by Council Decision 2014/835/EU of 27 November 2014 on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway
must be interpreted as not precluding the issuing of several successive arrest warrants against a requested person with a view to obtaining his or her surrender by a State party to that agreement after the execution of a first arrest warrant concerning that person has been refused by another State party to that agreement, provided that the execution of a new arrest warrant does not result in an infringement of that provision and provided that the issuing of that latter arrest warrant is proportionate.










2.


The Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway which was approved, on behalf of the European Union, by Decision 2014/835
must be interpreted as precluding the execution of an arrest warrant by one State party from being refused solely on the ground that another State party has refused to execute a first arrest warrant issued by the Republic of Iceland or the Kingdom of Norway against the same person and for the same acts.






(1)  
            OJ C 138, 19.4.2021.


ELI: http://data.europa.eu/eli/C/2023/480/oj
ISSN 1977-091X (electronic edition)