Case C‑289/15

Criminal proceedings

against

Jozef Grundza

(Request for a preliminary ruling from the Krajský súd v Prešove)

(References for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/909/JHA — Article 7 — Condition of double criminality — Article 9 — Ground for non-recognition and non-enforcement based on the lack of double criminality — National of the executing State convicted in the issuing State for failure to comply with a decision issued by a public authority)

Summary — Judgment of the Court (Fifth Chamber), 11 January 2017

Judicial cooperation in criminal matters — Framework Decision 2008/909 on the application of the principle of mutual recognition to judgments in criminal matters — Grounds for non-recognition and non-enforcement — Condition of double criminality — Review — Scope

(Council Framework Decision 2008/909, as amended by Council Framework Decision 2009/299, Arts 7(3) and 9(1)(d))

Article 7(3) and Article 9(1)(d) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that the condition of double criminality must be considered to be met, in a situation such as that in the main proceedings, where the factual elements underlying the offence, as reflected in the judgment handed down by the competent authority of the issuing State, would also, per se, be subject to a criminal sanction in the territory of the executing State if they were present in that State.

(see para. 54, operative part)