Rastoshev (Judicial cooperation in criminal matters - European arrest warrant issued for the purpose of conducting criminal proceedings - Judgment) French Text [2026] EUECJ C-712/25PPU (12 February 2026)

Rastoshev (Judicial cooperation in criminal matters - European arrest warrant issued for the purpose of conducting criminal proceedings - Judgment) French Text [2026] EUECJ C-712/25PPU (12 February 2026)

Article 4(7)(a) of Decision-Framework 2002/584/JAI does not permit automatic refusal of a European arrest warrant solely because the offence was committed in whole or in part in the executing state; the executing judicial authority must exercise discretion and consider all relevant circumstances.

Citation
[2026] EUECJ C-712/25PPU
Parties
Accused: XM; Prosecution: Sofiyska apelativna prokuratura; Intervener: Government of France; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
12 February 2026
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment
Outcome
Reference answered; national jurisprudence requiring automatic refusal is incompatible with EU law.
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition, Non Execution Grounds
Criminal Law EU Law Judicial Cooperation European Arrest Warrant Extradition Mutual Recognition Non Execution Grounds

Case Brief

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Parties

XM

Accused

Sofiyska apelativna prokuratura

Prosecution

Government of France

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment

Legal Issues

  1. 1 Whether Article 4(7)(a) of Decision-Framework 2002/584/JAI allows refusal of a European arrest warrant solely because the offence was committed in whole or in part in the executing state

Ratio Decidendi

Article 4(7)(a) of Decision-Framework 2002/584/JAI does not permit automatic refusal of a European arrest warrant solely because the offence was committed in whole or in part in the executing state; the executing judicial authority must exercise discretion and consider all relevant circumstances.

Court Disposition

Reference answered; national jurisprudence requiring automatic refusal is incompatible with EU law.

Orders

  • Article 4(7)(a) of Decision-Framework 2002/584/JAI must be interpreted as opposing national jurisprudence that treats territoriality as a sufficient and autonomous ground for refusal of execution of a European arrest warrant.