Case C-215/24, Fira: Judgment of the Court (Fourth Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto – Juízo Local Criminal de Vila Nova de Gaia – Portugal) – in the proceedings relating to the execution of the European arrest warrant issued against YX (Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant issued for the purpose of executing a custodial sentence – Article 4(6) – Ground for optional non-execution of the European arrest warrant – Objective of social rehabilitation – Residence of the convicted person – Enforcement of that sentence by the executing State in accordance with its domestic law – Framework Decision 2008/909/JHA – Mutual recognition of judgments in criminal matters for the purpose of their enforcement in another Member State – Suspension of the enforcement of a custodial sentence ordered by a court of the executing Member State – Article 8 – Obligation, for the executing State, to recognise the judgment and enforce the sentence – Article 17 – Option, for the executing State, to determine the procedures for enforcement)
Date: 2025-09-11
Institutions: Court of Justice
Subjects: European arrest warrant, enforcement of ruling, imprisonment, residence, suspension of sentence








C_202505803EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5803


10.11.2025






Judgment of the Court (Fourth Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto – Juízo Local Criminal de Vila Nova de Gaia – Portugal) – in the proceedings relating to the execution of the European arrest warrant issued against YX


(Case C-215/24,
                (1)
Fira
                (2)
)

(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant issued for the purpose of executing a custodial sentence - Article 4(6) - Ground for optional non-execution of the European arrest warrant - Objective of social rehabilitation - Residence of the convicted person - Enforcement of that sentence by the executing State in accordance with its domestic law - Framework Decision 2008/909/JHA - Mutual recognition of judgments in criminal matters for the purpose of their enforcement in another Member State - Suspension of the enforcement of a custodial sentence ordered by a court of the executing Member State - Article 8 - Obligation, for the executing State, to recognise the judgment and enforce the sentence - Article 17 - Option, for the executing State, to determine the procedures for enforcement)
(C/2025/5803)
Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca do Porto – Juízo Local Criminal de Vila Nova de Gaia

Parties to the main proceedings

YX

intervening party: Ministério Público

Operative part of the judgment

Article 8(1) and Article 17(1) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,
must be interpreted as precluding, where the competent judicial authority of the executing State has refused, under Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, to execute a European arrest warrant issued by the competent judicial authority of the issuing State for the purposes of enforcing a custodial sentence and the competent judicial authority of the executing State has undertaken to enforce that sentence, another competent judicial authority of the executing State from subsequently suspending, under its national law, the enforcement of that sentence.


(1)  OJ C, C/2024/3744.

(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/2025/5803/oj
ISSN 1977-091X (electronic edition)