CELEX: 62021CN0699
Language: en
Date: 2021-11-22 00:00:00
Title: Case C-699/21: Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — E.D.L.

14.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/14
            
         
      Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — E.D.L.
      (Case C-699/21)
      (2022/C 73/18)
      Language of the case: Italian
      
         Referring court
      
      Corte costituzionale
      
         Party to the main proceedings
      
      E.D.L.
      
         Question referred
      
      Must Article 1(3) of Council Framework Decision 2002/584/JHA on the European arrest warrant, (1) examined in the light of Articles 3, 4 and 35 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that, where it considers that the surrender of a person suffering from a serious chronic and potentially irreversible disease may expose that person to the risk of suffering serious harm to his or her health, the executing judicial authority must request that the issuing judicial authority provide information enabling the existence of such a risk to be ruled out, and must refuse to surrender the person in question if it does not obtain assurances to that effect within a reasonable period of time?
      
         (1)  Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).