Mantello (Police and judicial cooperation in criminal matters) [2010] EUECJ C-261/09 (16 November 2010)

Mantello (Police and judicial cooperation in criminal matters) [2010] EUECJ C-261/09 (16 November 2010)

For the purposes of the European arrest warrant, 'same acts' in Article 3(2) of Framework Decision 2002/584/JHA is an autonomous concept of EU law. Where the issuing judicial authority confirms that an earlier judgment did not cover the acts in the arrest warrant and did not preclude further prosecution, the executing judicial authority cannot invoke the ne bis in idem ground for mandatory non-execution.

Citation
[2010] EUECJ C-261/09
Parties
Requested Person: Mr Mantello; Issuing Judicial Authority: Tribunale di Catania (Catania District Court), Italy; Executing Judicial Authority: Oberlandesgericht Stuttgart (Higher Regional Court), Germany
Jurisdiction
European Union
Judgment Date
07 September 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Reference answered; executing judicial authority cannot refuse execution on ne bis in idem grounds in these circumstances.
Legal Topics
European Arrest Warrant, Ne Bis in Idem, Mutual Recognition of Judicial Decisions, Grounds for Non Execution, Final Judgment, Autonomous Interpretation of EU Law
Criminal Law European Union Law Extradition/surrender Law European Arrest Warrant Ne Bis in Idem Mutual Recognition of Judicial Decisions Grounds for Non Execution Final Judgment +1 more

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Parties

Mr Mantello

Requested Person

Tribunale di Catania (Catania District Court), Italy

Issuing Judicial Authority

Oberlandesgericht Stuttgart (Higher Regional Court), Germany

Executing Judicial Authority

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether the concept of 'same acts' in Article 3(2) of Framework Decision 2002/584/JHA is an autonomous concept of EU law or determined by national law
  2. 2 Whether prior conviction for certain acts precludes subsequent prosecution for related offences under the ne bis in idem principle in the context of a European arrest warrant

Ratio Decidendi

For the purposes of the European arrest warrant, 'same acts' in Article 3(2) of Framework Decision 2002/584/JHA is an autonomous concept of EU law. Where the issuing judicial authority confirms that an earlier judgment did not cover the acts in the arrest warrant and did not preclude further prosecution, the executing judicial authority cannot invoke the ne bis in idem ground for mandatory non-execution.

Court Disposition

Reference answered; executing judicial authority cannot refuse execution on ne bis in idem grounds in these circumstances.

Orders

  • The concept of 'same acts' in Article 3(2) of Framework Decision 2002/584/JHA is an autonomous concept of EU law.
  • Where the issuing judicial authority confirms that an earlier judgment did not cover the acts in the arrest warrant, the executing judicial authority must not apply the ground for mandatory non-execution under Article 3(2).