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Case law

Case C-42/11 Joao Pedro Lopes Da Silva Jorge

September 2012 - Court of Justice of the European Union

European Arrest Warrant

In September, the CJEU ruled that Member States cannot limit the non-execution of a European Arrest Warrant on a particular ground solely to their own nationals, while automatically and absolutely excluding nationals of other Member States. The defendant was a Portuguese national living in France subject to an EAW requiring him to serve an outstanding sentence. The defendant did not consent to surrender and wanted to serve his sentence in France, but under French law the relevant discretionary refusal ground in Article 4(6) of the EAW Framework Decision is only available to French nationals.

The full judgment is available here.

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