Case C-396/22, Generalstaatsanwaltschaft Berlin (Conviction in absentia): Judgment of the Court (Seventh Chamber) of 21 December 2023 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — in the proceedings relating to the execution of a European arrest warrant, Generalstaatsanwaltschaft Berlin (Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4a(1) — Surrender procedure between Member States — Conditions for execution — Grounds for optional non-execution — Exceptions — Mandatory execution — Sentence handed down in absentia — Concept of ‘trial resulting in the decision’ — Proceedings amending sentences previously passed — Decision imposing a cumulative sentence — Decision handed down without the person concerned having appeared in person — National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia — Obligation to interpret national law in conformity with EU law)
Date: 2023-12-21
Institutions: Court of Justice
Subjects: European arrest warrant, carrying out of sentence, criminal proceedings, enforcement of ruling, extradition








C_202401379EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1379


19.2.2024





Judgment of the Court (Seventh Chamber) of 21 December 2023 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — in the proceedings relating to the execution of a European arrest warrant, Generalstaatsanwaltschaft Berlin
(Case C-396/22, (1) Generalstaatsanwaltschaft Berlin (Conviction in absentia))
(Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 4a(1) - Surrender procedure between Member States - Conditions for execution - Grounds for optional non-execution - Exceptions - Mandatory execution - Sentence handed down in absentia - Concept of ‘trial resulting in the decision’ - Proceedings amending sentences previously passed - Decision imposing a cumulative sentence - Decision handed down without the person concerned having appeared in person - National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia - Obligation to interpret national law in conformity with EU law)
(C/2024/1379)
Language of the case: German

Referring court

Kammergericht Berlin

Party to the main proceedings


Applicant: Generalstaatsanwaltschaft Berlin

Operative part of the judgment







1.


Article 4a(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 the concept of ‘trial resulting in the decision’, in that provision, encompasses proceedings which led to a judgment imposing a cumulative sentence, by the subsequent aggregation of sentences previously handed down, where, in the context of those proceedings, the authority which delivered that cumulative judgment may neither review the finding of guilt of the person concerned nor amend those previous sentences, but does have a margin of discretion in determining the level of that cumulative sentence.










2.


Article 4a(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, must be interpreted as meaning that national legislation, transposing that provision, which generally precludes an executing judicial authority from executing a European arrest warrant issued for the purposes of executing a sentence, where the person concerned did not appear in person at the trial resulting in the decision concerned, is contrary to that provision of EU law. A national court is required, taking into consideration the whole body of its domestic law and applying the interpretative methods recognised by that law, to interpret that national legislation, to the greatest extent possible, in the light of the text and the purpose of that framework decision.






(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2024/1379/oj
ISSN 1977-091X (electronic edition)