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Document 62019CN0398

Case C-398/19: Request for a preliminary ruling from the Kammergericht Berlin (Germany) lodged on 23 May 2019 — BY

OJ C 288, 26.8.2019, pp. 24–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.8.2019   

EN

Official Journal of the European Union

C 288/24

Request for a preliminary ruling from the Kammergericht Berlin (Germany) lodged on 23 May 2019 — BY

(Case C-398/19)

(2019/C 288/31)

Language of the case: German

Referring court

Kammergericht Berlin

Parties to the main proceedings

Person whose surrender is sought: BY

Other party: General Prosecutor’s Office in Berlin

Questions referred

1.

Do the principles resulting from the judgment of the Court of Justice of the European Union of 6 September 2016 in the Petruhhin case (C-182/15) (1) in relation to the application of Articles 18 and 21 TFEU in the case where a third country requests the extradition of a Union citizen also apply if the individual sought moved his centre of interest to the requested Member State at a time when he was not yet a Union citizen?

2.

Is the home Member State that has been informed of an extradition request obliged, on the basis of the judgment of the Court of Justice of the European Union of 6 September 2016 in the Petruhhin case (C-182/15), to request that the requesting third country provide the case files for the purpose of examining whether to take over the prosecution?

3.

Is a Member State that has been requested by a third country to extradite a Union citizen obliged, on the basis of the judgment of the Court of Justice of the European Union of 6 September 2016 in the Petruhhin case (C-182/15), to refuse extradition and to take over the criminal prosecution itself if it is possible for it to do so under its national law?

(1)  EU:C:2016:630.

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