Case C-352/22, Generalstaatsanwaltschaft Hamm (Request for the extradition of a refugee to Türkiye): Judgment of the Court (Grand Chamber) of 18 June 2024 (request for a preliminary ruling from the Oberlandesgericht Hamm – Germany) – in the proceedings relating to the extradition of A. (Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2011/95/EU – Article 21(1) – Directive 2013/32/EU – Article 9(2) and (3) – Definitive grant of refugee status by a Member State – Refugee residing in another Member State after that grant – Request for extradition submitted by the third State of origin of that refugee to the Member State of residence – Effect of the decision granting refugee status on the extradition procedure concerned – Article 18 and Article 19(2) of the Charter of Fundamental Rights of the European Union – Protection of that refugee against the extradition sought)
Date: 2024-06-18
Institutions: Court of Justice
Subjects: aid to refugees, area of freedom, security and justice, extradition, foreign national, international protection, refugee, right of asylum








C_202404692EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4692


5.8.2024






Judgment of the Court (Grand Chamber) of 18 June 2024 (request for a preliminary ruling from the Oberlandesgericht Hamm – Germany) – in the proceedings relating to the extradition of A.


(Case C-352/22,
                (1)
Generalstaatsanwaltschaft Hamm (Request for the extradition of a refugee to Türkiye))

(Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2011/95/EU - Article 21(1) - Directive 2013/32/EU - Article 9(2) and (3) - Definitive grant of refugee status by a Member State - Refugee residing in another Member State after that grant - Request for extradition submitted by the third State of origin of that refugee to the Member State of residence - Effect of the decision granting refugee status on the extradition procedure concerned - Article 18 and Article 19(2) of the Charter of Fundamental Rights of the European Union - Protection of that refugee against the extradition sought)
(C/2024/4692)
Language of the case: German

Referring court

Oberlandesgericht Hamm

Parties to the main proceedings


Defendant: A.

Other party: Generalstaatsanwaltschaft Hamm

Operative part of the judgment

Article 21(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, read in conjunction with Article 18 and Article 19(2) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that, where a third-country national who has been granted refugee status in one Member State is the subject, in another Member State, on whose territory he or she resides, of an extradition request from his or her country of origin, the requested Member State cannot authorise extradition unless it has initiated an exchange of information with the authority that granted the requested individual refugee status and where that status has not been revoked by that authority.


(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2024/4692/oj
ISSN 1977-091X (electronic edition)