C 94/2
EN
Official Journal of the European Union
13.3.2023
V (Announcements)
COURT PROCEEDINGS
COURT OF JUSTICE Judgment of the Court (Grand Chamber) of 31 January 2023 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Criminal proceedings against Lluís Puig Gordi and Others (Case C-158/21, (1) Puig Gordi and Others) (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Jurisdiction of the issuing judicial authority — Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union — Right of access to a tribunal previously established by law — Possibility of issuing a new European arrest warrant relating to the same person) (2023/C 94/02) Language of the case: Spanish Referring court Tribunal Supremo
Parties in the main criminal proceedings Lluís Puig Gordi, Carles Puigdemont Casamajó, Antoni Comín Oliveres, Clara Ponsatí Obiols, Meritxell Serret Aleu, Marta Rovira Vergés, Anna Gabriel Sabaté Intervening parties: Ministerio Fiscal, Abogacía del Estado, Partido político VOX
Operative part of the judgment 1.
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 an executing judicial authority does not have the power to refuse to execute a European arrest warrant on the basis of a ground for non-execution which arises not from Framework Decision 2002/584, as amended, but solely from the law of the executing Member State.
However, that judicial authority may apply a national provision which provides that the execution of a European arrest warrant is to be refused where that execution would lead to an infringement of a fundamental right enshrined in EU law, provided that the scope of that provision does not go beyond the scope of Article 1(3) of Framework Decision 2002/584, as amended, as interpreted by the Court of Justice of the European Union. 2.
Article 1(1) and (2) and Article 6(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, must be interpreted as meaning that the executing judicial authority may not verify whether a European arrest warrant has been issued by a judicial authority which had jurisdiction for that purpose and refuse to execute that European arrest warrant where it considers that that is not the case.