Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)

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Judgment of 18 April 2023 , E.D.L. (Ground for refusal based on illness), Case C‑699/21, EU:C:2023:295

Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 23(4) – Surrender procedures between Member States – Grounds for non-execution – Article 4(3) TEU – Duty of sincere cooperation – Postponement of the execution of the European arrest warrant – Article 4 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Serious, chronic and potentially irreversible illness – Risk of serious harm to health affecting the person concerned by the European arrest warrant

Facts

On 9 September 2019, the Općinski sud u Zadru (Municipal Court, Zadar, Croatia) issued a European arrest warrant (EAW) against E.D.L., who resides in Italy, for the purposes of conducting a criminal prosecution in Croatia.

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