Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 10/06/2009

Subject: Ruling on the application of the framework-decision on the European Arrest Warrant, the Court affirmed that in the case of a citizen of the Union, the Member State of execution cannot, in addition to a condition as to the duration of residence in that State, make application of the ground for optional non-execution of a European arrest warrant to supplementary administrative requirements, such as possession of a residence permit of indefinite duration. The Court added that Article 12 EC is to be interpreted as not precluding the legislation of a Member State of execution under which the competent judicial authority of that State is to refuse to execute a European arrest warrant issued against one of its nationals with a view to the enforcement of a custodial sentence, whilst such a refusal is, in the case of a national of another Member State having a right of residence on the basis of Article 18(1) EC, subject to the condition that that person has lawfully resided for a continuous period of five years in that Member State of execution.

Parties: Wolzenburg

Classification: Equality - Art. 21 Non discrimination

Text