Case C-219/25 PPU, Kamekris: Judgment of the Court (Third Chamber) of 19 June 2025 (request for a preliminary ruling from the investigating chamber of the cour d’appel de Montpellier – France) in the proceedings concerning the extradition of KN (Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Article 67(3) and Article 82(1) TFEU – Judicial cooperation in criminal matters – Extradition request from a third country – EU citizen – Articles 18 and 21 TFEU – Previous decision of another Member State refusing extradition due to a serious risk of infringement of fundamental rights – Article 19(2) of the Charter of Fundamental Rights of the European Union – Right of the requested person not to be extradited to a State where there is a serious risk that he or she would be subjected to torture or inhuman or degrading treatment – Second paragraph of Article 47 of the Charter of Fundamental Rights – Right to a fair trial – Mutual trust – Obligation to take account of the grounds on which the previous decision refusing extradition was based – No obligation of mutual recognition of that decision)
Date: 2025-06-19
Institutions: Court of Justice
Subjects: EU Member State, EU national, cruel and degrading treatment, extradition, right to justice, third country, torture








C_202504563EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4563


25.8.2025






Judgment of the Court (Third Chamber) of 19 June 2025 (request for a preliminary ruling from the investigating chamber of the cour d’appel de Montpellier – France) in the proceedings concerning the extradition of KN


(Case C-219/25 PPU,
                (1)
Kamekris
                (2)
)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Area of freedom, security and justice - Article 67(3) and Article 82(1) TFEU - Judicial cooperation in criminal matters - Extradition request from a third country - EU citizen - Articles 18 and 21 TFEU - Previous decision of another Member State refusing extradition due to a serious risk of infringement of fundamental rights - Article 19(2) of the Charter of Fundamental Rights of the European Union - Right of the requested person not to be extradited to a State where there is a serious risk that he or she would be subjected to torture or inhuman or degrading treatment - Second paragraph of Article 47 of the Charter of Fundamental Rights - Right to a fair trial - Mutual trust - Obligation to take account of the grounds on which the previous decision refusing extradition was based - No obligation of mutual recognition of that decision)
(C/2025/4563)
Language of the case: French

Referring court

Investigating chamber of the cour d’appel de Montpellier

Parties to the main proceedings


Applicant: Ministère public

Defendant: KN

Operative part of the judgment

Article 67(3) and Article 82(1) TFEU
must be interpreted as not requiring a Member State to refuse to extradite a national of another Member State to a third country where the authorities of a third Member State have previously refused to execute an extradition request from that third country concerning the enforcement of the same sentence imposed on that national of another Member State, due to the existence of a serious risk of infringement of the fundamental rights guaranteed by Article 19(2) and the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union.


(1)  OJ C, C/2025/3036.

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


ELI: http://data.europa.eu/eli/C/2025/4563/oj
ISSN 1977-091X (electronic edition)