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Case law

CJEU, C-571/17 PPU Ardic

December 2017 - Germany

European Arrest Warrant

On 22 December 2017, the Court of Justice delivered a judgment in relation to the concept of “trial resulting in the decision” within the meaning of Article 4a (1) of the EAW Framework Decision. By way of background, a German prosecutor issued an EAW against Mr Ardic, a German national residing in the Netherlands, for the purposes of carrying out two custodial sentences in Germany. Mr Ardic had appeared in person during the proceedings which led to the imposition of the two custodial sentences, which were suspended subject to certain conditions. However, the suspension was later revoked as a result of non-compliance with the conditions. Mr Ardic did not appear in person during the subsequent proceedings leading to the revocation of the sentences. In this context, the referring Dutch court asked the Court whether the concept of “trial resulting in the decision” within the meaning of Article 4a (1) of the EAW Framework Decision covers subsequent proceedings revoking a suspension. The Court interpreted the concept of “decision” within the meaning of Article 4a (1) of the EAW Framework Decision restrictively as referring to the judicial decision relating to the conviction of the person concerned, but not to the decisions relating to the method of execution of the custodial sentence previously imposed, unless such decisions alter the quantum of the sentence imposed. The Court therefore concluded that a decision to revoke a suspension is not covered by Article 4a (1) of the EAW Framework Decision, insofar as the nature and the level of the sentence previously imposed had not been modified.

You can read the full judgment here.

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