Case C-68/25, Wilkerk: Request for a preliminary ruling from the rechtbank Amsterdam (Netherlands) lodged on 31 January 2025 – Criminal proceedings against XW; other party: Openbaar Ministerie
Date: 2025-01-31
Institutions: Court of Justice
Subjects: European arrest warrant, child protection, custody, dependant, extradition, health risk, illness, public prosecution, single parent, young person








C_202502362EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2362


28.4.2025






Request for a preliminary ruling from the rechtbank Amsterdam (Netherlands) lodged on 31 January 2025 – Criminal proceedings against XW; other party: Openbaar Ministerie


(Case C-68/25, Wilkerk)
                (1)

(C/2025/2362)
Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

XW
Other party: Openbaar Ministerie

Questions referred







1.


Must Article 1(3) of Framework Decision 2002/584/JHA, (2) read in conjunction with Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union, be interpreted as precluding the surrender, for the purposes of criminal prosecution, of the father of a minor, a 13-year-old child, who resides with him and for whom he provides full care, in circumstances where:






—


that minor child has for many years had such complex medical problems that, given the close contact between the child, the father and the medical professionals:






—


either a transfer of care for the child to another person in the executing Member State, should the child be left behind in that Member State in the event of the surrender of the father,










—


or a transfer of the medical file and care to persons in the issuing Member State, should the child go and reside in that Member State in the event of the surrender of the father,
would create a serious risk that any symptoms would not be recognised in time and that the child would not receive the necessary treatment in time, which, in the worst case, could result in permanent brain damage or death;














—


that minor child suffers from attachment issues to such an extent that the intensive contact between the child and the requested person cannot be configured in any way other than as it is now without causing serious problems such as disruption of the attachment process, difficulties with future hospital admissions and increased anxiety of the child?














2.


If the answer to question 1 is in the negative: must Article 4, point 7(a), of Framework Decision 2002/584/JHA, read in conjunction with Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the executing judicial authority may refuse to surrender a requested person for the purposes of criminal prosecution under and by virtue of the circumstances set out in the first question referred for a preliminary ruling, if the act on which the European arrest warrant is based is regarded by the law of the executing Member State as having been committed in part in the territory of the executing Member State?










3.


If the answers to questions 1 and 2 are in the negative, must the concept of ‘serious humanitarian reasons’, as referred to in Article 23(4) of Framework Decision 2002/584/JHA, read in conjunction with Article 1(3) of that Framework Decision as well as with Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union, be interpreted as also encompassing the serious health and attachment problems of a minor child of a requested person who provides full care for that child, as set out in the first question referred for a preliminary ruling?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).


ELI: http://data.europa.eu/eli/C/2025/2362/oj
ISSN 1977-091X (electronic edition)