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Document 62008CN0296

Case C-296/08: Reference for a preliminary ruling from the Cour d'appel de Montpellier (France) lodged on 3 July 2008 — Ministère public v Ignacio Pédro Santesteban Goicoechea

OJ C 223, 30.8.2008, p. 34–35 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

30.8.2008   

EN

Official Journal of the European Union

C 223/34


Reference for a preliminary ruling from the Cour d'appel de Montpellier (France) lodged on 3 July 2008 — Ministère public v Ignacio Pédro Santesteban Goicoechea

(Case C-296/08)

(2008/C 223/54)

Language of the case: French

Referring court

Cour d'appel de Montpellier

Parties to the main proceedings

Applicant: Ministère public

Defendant: Ignacio Pédro Santesteban Goicoechea

Questions referred

1.

Does the failure of a Member State (in this case Spain) to give notification under Article 31(2) of the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (1) of its intention to continue to apply bilateral or multilateral agreements preclude, by reason of the word ‘replace’ in Article 31 of that Framework Decision, that Member State from using with another Member State (in this case France), which has made a statement under Article 32 of the Framework Decision, procedures other than that of the European arrest warrant?

2.

If the answer to the above question is in the negative, do the provisos made by the executing Member State permit that State to apply a Convention of 27 September 1996, thus prior to 1 January 2004, but which entered into force in that executing State after that date of 1 January 2004 referred to in Article 32 of the Framework Decision?


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


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