Order of the Court (First Chamber) of 6 September 2017 (request for a preliminary ruling from the Bezirksgericht Linz — Austria) — Peter Schotthöfer & Florian Steiner GbR v Eugen Adelsmayr

(Case C-473/15) (1)

((Requests for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Extradition of a national of a Member State of the European Union to a third State where he risks being subjected to the death penalty - Citizenship of the Union - Articles 18 and 21 TFEU - Article 19(2) of the Charter of Fundamental Rights of the European Union - Protection against extradition))

(2017/C 374/14)

Language of the case: German

Referring court

Bezirksgericht Linz

Parties to the main proceedings

Applicant: Peter Schotthöfer & Florian Steiner GbR

Defendant: Eugen Adelsmayr

Operative part of the order

Article 19(2) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that a request for extradition originating from a third country concerning a Union citizen who, in exercising his freedom of movement, leaves his Member State of origin in order to reside on the territory of another Member State, must be rejected by the latter Member State where that citizen runs a serious risk of being subjected to the death penalty in the event of extradition.

(1)  OJ C 406, 7.12.2015.