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Document 62011CN0042

Case C-42/11: Reference for a preliminary ruling from the Cour D’Appel D’Amiens (France) lodged on 31 January 2011 — Criminal proceedings against João Pedro Lopes Da Silva Jorge

OJ C 103, 2.4.2011, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

2.4.2011   

EN

Official Journal of the European Union

C 103/16

Reference for a preliminary ruling from the Cour D’Appel D’Amiens (France) lodged on 31 January 2011 — Criminal proceedings against João Pedro Lopes Da Silva Jorge

(Case C-42/11)

2011/C 103/28

Language of the case: French

Referring court

Cour D’Appel D’Amiens

Party/parties to the main proceedings

João Pedro Lopes Da Silva Jorge

Questions referred

1.

Does the principle of non discrimination laid down by Article 12 EC preclude national legislation such as Article 695-24 of the Code of Criminal Procedure which restricts the power to refuse to execute a European arrest warrant issued for the purposes of enforcing a penalty involving deprivation of liberty to cases where the person whose extradition is sought is of French nationality and the competent French authorities undertake to proceed with such enforcement?

2.

Is the principle of the implementation in domestic law of the grounds for non enforcement provided for in Article 4(6) of the framework decision (1) a matter for the discretion of the Member States or is it compulsory, and in particular may a Member State adopt a measure involving discrimination based on nationality?

(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).

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