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Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-09/cp200117en.pdf

Court of Justice of the European Union

PRESS RELEASE No 117/20

Luxembourg, 24 September 2020

Judgment in Case C-195/20 PPU Generalbundesanwalt beim Bundesgerichtshof v XC

A measure involving deprivation of liberty taken against a person referred to in a first European Arrest Warrant (EAW) on the basis of a prior offence different from the one which justified his surrender under a second EAW is not contrary to EU law if that person’s departure from the Member State that issued the first EAW was voluntary

In that context, consent must be given by the executing authorities of the Member State which surrendered the prosecuted person on the basis of the second EAW

XC was prosecuted in Germany in three separate sets of criminal proceedings. First, on 6 October 2011, he was sentenced by a local court to a combined custodial sentence of one year and nine months. That sentence was suspended on probation.

Second, in 2016, criminal proceedings were instituted in Germany against XC for an offence committed in Portugal. Since XC was in Portugal, the Staatsanwaltschaft Hannover (Public Prosecutor’s Office, Hanover, Germany) issued a European Arrest Warrant (‘EAW’) in order to prosecute XC for that offence. The Portuguese executing authority authorised XC’s surrender to the German judicial authorities. XC received a custodial sentence of one year and three months. During the execution of that sentence, the suspension on probation of the sentence imposed in 2011 was revoked. 

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