CELEX: 62017CA0247
Language: en
Date: 2018-11-13 00:00:00
Title: Case C-247/17: Judgment of the Court (Grand Chamber) of 13 November 2018 (request for a preliminary ruling from the Korkein oikeus — Finland) — proceedings relating to the extradition of Denis Raugevicius (Reference for a preliminary ruling — European Union Citizenship — Articles 18 and 21 TFEU — Request to a Member State by a third country seeking extradition of an EU citizen who is a national of another Member State and who has exercised his right to free movement in the first Member State — Request made for the purpose of enforcing a custodial sentence and not for the purpose of prosecution — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality)

14.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/11
            
         
      Judgment of the Court (Grand Chamber) of 13 November 2018 (request for a preliminary ruling from the Korkein oikeus — Finland) — proceedings relating to the extradition of Denis Raugevicius
      (Case C-247/17) (1)
      
      ((Reference for a preliminary ruling - European Union Citizenship - Articles 18 and 21 TFEU - Request to a Member State by a third country seeking extradition of an EU citizen who is a national of another Member State and who has exercised his right to free movement in the first Member State - Request made for the purpose of enforcing a custodial sentence and not for the purpose of prosecution - Prohibition on extradition applied only to own nationals - Restriction on free movement - Justification based on the prevention of impunity - Proportionality))
      (2019/C 16/13)
      Language of the case: Finnish
      
         Referring court
      
      Korkein oikeus
      
         Party to the main proceedings
      
      Denis Raugevicius
      
         Operative part of the judgment
      
      Articles 18 and 21 TFEU must be interpreted as meaning that, where an extradition request has been made by a third country for an EU citizen who has exercised his right to free movement, not for the purpose of prosecution, but for the purpose of enforcing a custodial sentence, the requested Member State, whose national law prohibits the extradition of its own nationals out of the European Union for the purpose of enforcing a sentence and makes provision for the possibility that such a sentence pronounced abroad may be served on its territory, is required to ensure that that EU citizen, provided that he resides permanently in its territory, receives the same treatment as that accorded to its own nationals in relation to extradition.
      
         (1)  OJ C 239, 24.7.2017.