Case C-398/22, 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 the European arrest warrant issued against RQ (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’ — Person concerned not having appeared in person either at first instance or on appeal — 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_202401381EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1381


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 the European arrest warrant issued against RQ
(Case C-398/22, (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’ - Person concerned not having appeared in person either at first instance or on appeal - 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/2024/1381)
Language of the case: German

Referring court

Kammergericht Berlin

Parties to the main proceedings


Applicant: Generalstaatsanwaltschaft Berlin

Intervening party: RQ

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 appeal proceedings which gave rise to a judgment varying the decision delivered at first instance and thereby finally disposing of the case fall within the concept of ‘trial resulting in the decision’, within the meaning of that provision.










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/2024/1381/oj
ISSN 1977-091X (electronic edition)