CELEX: 62017CA0514
Language: en
Date: 2018-12-13 00:00:00
Title: Case C-514/17: Judgment of the Court (First Chamber) of 13 December 2018 (request for a preliminary ruling from the Cour d’appel de Liège — Belgium) — Execution of a European arrest warrant issued against Marin-Simion Sut (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4(6) — Grounds for optional non-execution of the European arrest warrant — Offence underlying the imposition of a custodial sentence in the issuing Member State being punishable in the executing Member State by fine only)

18.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/14
            
         
      Judgment of the Court (First Chamber) of 13 December 2018 (request for a preliminary ruling from the Cour d’appel de Liège — Belgium) — Execution of a European arrest warrant issued against Marin-Simion Sut
      (Case C-514/17) (1)
      
      ((Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 4(6) - Grounds for optional non-execution of the European arrest warrant - Offence underlying the imposition of a custodial sentence in the issuing Member State being punishable in the executing Member State by fine only))
      (2019/C 65/17)
      Language of the case: French
      
         Referring court
      
      Cour d’appel de Liège
      
         Parties to the main proceedings
      
      Marin-Simion Sut
      
         Operative part of the judgment
      
      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, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that, where, as in the case in the main proceedings, a person who is the subject of a European arrest warrant issued for the purposes of enforcing a custodial sentence resides in the executing Member State and has family, social and working ties in that Member State, the executing judicial authority may, for reasons related to the social rehabilitation of that person, refuse to execute that warrant, despite the fact that the offence which provides the basis for that warrant is, under that national law of the executing Member State, punishable by fine only, provided that, in accordance with its national law, that fact does not prevent the custodial sentence imposed on the person requested from actually being enforced in that Member State, which is for the referring court to ascertain.
      
         (1)  OJ C 347, 16.10.2017.