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CJEU - C 237/15 PPU / Judgment

Minister for Justice and Equality v Francis Lanigan

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court of Justice of the European Union (Grand Chamber)
Type:
Decision
Decision date:
16/07/2015

Key facts of the case :

Request for a preliminary ruling under Article 267 TFEU from the High Court (Ireland), made by decision of 19 May 2015, received at the Court on 22 May 2015, in the proceedings.

Results (sanctions) and key consequences of the case:

the Court (Grand Chamber) hereby rules:

Articles 15(1) and 17 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 the executing judicial authority remains required to adopt the decision on the execution of the European arrest warrant after expiry of the time-limits stipulated in Article 17.

Article 12 of that Framework Decision, read in conjunction with Article 17 thereof and in the light of Article 6 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding, in such a situation, the holding of the requested person in custody, in accordance with the law of the executing Member State, even if the total duration for which that person has been held in custody exceeds those time-limits, provided that that duration is not excessive in the light of the characteristics of the procedure followed in the case in the main proceedings, which is a matter to be ascertained by the national court. If the executing judicial authority decides to bring the requested person’s custody to an end, that authority is required to attach to the provisional release of that person any measures it deems necessary so as to prevent him from absconding and to ensure that the material conditions necessary for his effective surrender remain fulfilled for as long as no final decision on the execution of the European arrest warrant has been taken.