1.

Article 1(3) and Article 15(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,

must be interpreted as meaning that the executing authority of a Member State is not obliged to refuse to execute a European arrest warrant where the executing authority of another Member State has previously refused to execute that arrest warrant on the ground that the surrender of the person concerned may infringe the fundamental right to a fair trial enshrined in the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. Nevertheless, within the framework of its own examination of the existence of a ground for non-execution, that authority must give due consideration to the reasons underlying the refusal decision adopted by the first executing authority. Those provisions do not preclude, in the same circumstances, the issuing judicial authority from maintaining the European arrest warrant in question, provided that, according to its own assessment, execution of that arrest warrant should not be refused on the ground of a risk of infringement of the fundamental right to a fair trial enshrined in the second paragraph of Article 47 of the Charter of Fundamental Rights, and that it is proportionate to maintain that warrant.

2.

Article 1(3) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, read in conjunction with the second paragraph of Article 47 of the Charter of Fundamental Rights,

must be interpreted as meaning that in a situation in which a person in respect of whom a European arrest warrant has been issued claims that his or her surrender to the issuing Member State would result in an infringement of his or her right to a fair trial, the existence of a decision of the Interpol Commission for the Control of Files (CCF) concerning that person’s situation cannot, in itself, justify a refusal by the executing judicial authority to execute that arrest warrant. However, such a decision may be taken into account by that judicial authority in order to decide whether it is appropriate to refuse to execute that arrest warrant.

3.

Article 267 TFEU

must be interpreted as meaning that the judicial authority issuing a European arrest warrant is not obliged to make a reference for a preliminary ruling to the Court before deciding, in the light of the grounds on the basis of which the executing judicial authority refused to execute that arrest warrant, whether to withdraw or maintain that warrant, unless there is no judicial remedy under national law against the decision it will be called upon to make, in which case it is, in principle, obliged to make a reference to the Court.

4.

Article 1(3) of Framework Decision 2002/584, as amended by Framework Decision 2009/299,

must be interpreted as meaning that the judicial authority executing a European arrest warrant issued for the purpose of executing a custodial sentence cannot refuse to execute that arrest warrant on the ground that the record of the oath taken by one of the judges who imposed that sentence cannot be found, or that another judge of the same formation has taken an oath only as a public prosecutor.

5.

Framework Decision 2002/584, as amended by Framework Decision 2009/299,

must be interpreted as meaning that the judicial authority issuing a European arrest warrant does not have the right to participate, as a party, in the proceedings for the execution of that arrest warrant before the executing judicial authority.

6.

Article 1(3) and Article 15(2) and (3) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, read in the light of Article 4 of the Charter of Fundamental Rights and the principle of mutual trust,

must be interpreted as meaning that when examining detention conditions in the issuing Member State, the executing judicial authority cannot refuse to execute a European arrest warrant on the basis of information concerning the detention conditions in prisons in the issuing Member State which it has obtained itself, and in respect of which it has not requested supplementary information from the issuing judicial authority. The executing judicial authority cannot apply a higher standard as regards detention conditions than that guaranteed by Article 4 of the Charter.