CJEU - C 261/09 / Judgment

Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG v European Commission
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Grand Chamber)
Decision date
  • CJEU - C 261/09 / Judgment
    Key facts of the case:
    Having been fined by the Commission on account of an infringement of Article 81 TEC, the undertaking concerned lodged a complaint before the Court of First Instance which was rejected as inadmissible due to excess of time-limit. Against this order, the complainant appealed to CJ.
    Results (sanctions) and key consequences of the case:
    The Court (Grand Chamber) hereby rules:
    For the purposes of the issue and execution of a European arrest warrant, the concept of ‘same acts’ in Article 3(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States constitutes an autonomous concept of European Union law.
    In circumstances such as those at issue in the main proceedings where, in response to a request for information within the meaning of Article 15(2) of that Framework Decision made by the executing judicial authority, the issuing judicial authority, applying its national law and in compliance with the requirements deriving from the concept of ‘same acts’ as enshrined in Article 3(2) of the Framework Decision, expressly stated that the earlier judgment delivered under its legal system did not constitute a final judgment covering the acts referred to in the arrest warrant issued by it and therefore did not preclude the criminal proceedings referred to in that arrest warrant, the executing judicial authority has no reason to apply, in connection with such a judgment, the ground for mandatory non-execution provided for in Article 3(2) of the Framework Decision.