Generalstaatsanwaltschaft Munchen (Demande d'extradition vers la Bosnie-Herzegovine) (Citizenship of the European Union - Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States - Prohibition on extradition applied solely to own nationals - Judgment) [2022] EUECJ C-237/21 (22 December 2022)

Generalstaatsanwaltschaft Munchen (Demande d'extradition vers la Bosnie-Herzegovine) (Citizenship of the European Union - Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States - Prohibition on extradition applied solely to own nationals - Judgment) [2022] EUECJ C-237/21 (22 December 2022)

Articles 18 and 21 TFEU require the requested Member State to actively seek the consent of the third State for enforcement of the sentence in its territory as a less restrictive alternative to extradition. If such consent is not obtained, extradition of the Union citizen is not precluded by those provisions, provided the extradition does not infringe rights under the Charter of Fundamental Rights of the European Union.

Citation
[2022] EUECJ C-237/21
Parties
Subject of Extradition Request: S. M.; Requested Member State: Federal Republic of Germany; Requesting State: Bosnia and Herzegovina
Jurisdiction
European Union
Judgment Date
22 December 2022
Procedural Posture
Preliminary Ruling / Reference From National Court (oberlandesgericht München) to Court of Justice of the European Union
Outcome
Articles 18 and 21 TFEU do not preclude extradition in these circumstances if the third State does not consent to enforcement in the requested Member State and the extradition does not infringe the Charter of Fundamental Rights of the European Union.
Legal Topics
Extradition, Non Discrimination, Free Movement of Persons, Dual Nationality, Enforcement of Foreign Sentences
European Union Law Criminal Law International Law Extradition Non Discrimination Free Movement of Persons Dual Nationality Enforcement of Foreign Sentences

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Parties

S. M.

Subject of Extradition Request

Federal Republic of Germany

Requested Member State

Bosnia and Herzegovina

Requesting State

Procedural Posture

Preliminary Ruling / Reference From National Court (oberlandesgericht München) to Court of Justice of the European Union

Legal Issues

  1. 1 Whether Articles 18 and 21 TFEU preclude extradition of a Union citizen to a third State when the requested Member State is obliged by international law to extradite and cannot enforce the sentence without the third State's consent.

Ratio Decidendi

Articles 18 and 21 TFEU require the requested Member State to actively seek the consent of the third State for enforcement of the sentence in its territory as a less restrictive alternative to extradition. If such consent is not obtained, extradition of the Union citizen is not precluded by those provisions, provided the extradition does not infringe rights under the Charter of Fundamental Rights of the European Union.

Court Disposition

Articles 18 and 21 TFEU do not preclude extradition in these circumstances if the third State does not consent to enforcement in the requested Member State and the extradition does not infringe the Charter of Fundamental Rights of the European Union.

Orders

  • The requested Member State must actively seek the third State's consent for enforcement of the sentence in its territory.
  • If consent is not obtained, extradition is permitted under international obligations, subject to compliance with the Charter of Fundamental Rights of the European Union.