Dubers (Area of freedom, security and justice - Judicial cooperation in criminal matters - European arrest warrant issued for the purposes of conducting a criminal prosecution - Judgment) [2026] EUECJ C-641/23 (15 January 2026)

Dubers (Area of freedom, security and justice - Judicial cooperation in criminal matters - European arrest warrant issued for the purposes of conducting a criminal prosecution - Judgment) [2026] EUECJ C-641/23 (15 January 2026)

Article 9(1)(d) of Framework Decision 2008/909 precludes national legislation that makes refusal to recognise and enforce a sentence on double criminality grounds mandatory, or allows authorities to invoke such grounds after surrender subject to a guarantee of return under Article 5(3) of Framework Decision 2002/584, where the executing authority has already waived the double criminality objection. The competent authority must have a margin of discretion and cannot reassess circumstances already considered at the surrender stage, except in case of a material change in the person's situation.

Citation
[2026] EUECJ C-641/23
Parties
Requested Person / Applicant: YM; Issuing Judicial Authority / Respondent: Sąd Okręgowy w Jeleniej Górze, Wydział III Karny (Regional Court, Jelenia Góra, Criminal Division III, Poland); Executing Judicial Authority / Referring Court: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)
Jurisdiction
European Union
Judgment Date
15 January 2026
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling
Outcome
Reference answered; national legislation making refusal to recognise and enforce mandatory on double criminality grounds, or allowing such refusal after surrender subject to a guarantee of return, is precluded by EU law.
Legal Topics
European Arrest Warrant, Mutual Recognition of Judgments, Double Criminality, Social Rehabilitation, Surrender Procedures, Recognition and Enforcement of Sentences
European Union Law Criminal Law Judicial Cooperation European Arrest Warrant Mutual Recognition of Judgments Double Criminality Social Rehabilitation Surrender Procedures +1 more

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Parties

YM

Requested Person / Applicant

Sąd Okręgowy w Jeleniej Górze, Wydział III Karny (Regional Court, Jelenia Góra, Criminal Division III, Poland)

Issuing Judicial Authority / Respondent

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority / Referring Court

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Article 9(1)(d) and Article 25 of Framework Decision 2008/909 preclude national legislation that allows or obliges refusal to recognise and enforce a sentence on double criminality grounds after surrender subject to a guarantee of return under Article 5(3) of Framework Decision 2002/584, when the executing authority previously waived the double criminality objection.

Ratio Decidendi

Article 9(1)(d) of Framework Decision 2008/909 precludes national legislation that makes refusal to recognise and enforce a sentence on double criminality grounds mandatory, or allows authorities to invoke such grounds after surrender subject to a guarantee of return under Article 5(3) of Framework Decision 2002/584, where the executing authority has already waived the double criminality objection. The competent authority must have a margin of discretion and cannot reassess circumstances already considered at the surrender stage, except in case of a material change in the person's situation.

Court Disposition

Reference answered; national legislation making refusal to recognise and enforce mandatory on double criminality grounds, or allowing such refusal after surrender subject to a guarantee of return, is precluded by EU law.

Orders

  • Article 9(1)(d) of Framework Decision 2008/909 must be interpreted as precluding national legislation which obliges or allows the competent authority to refuse to recognise and enforce a sentence on double criminality grounds after surrender subject to a guarantee of return under Article 5(3) of Framework Decision...