7.9.2015   

EN

Official Journal of the European Union

C 294/32


Request for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 15 June 2015 — Jozef Grundza

(Case C-289/15)

(2015/C 294/40)

Language of the case: Slovak

Referring court

Krajský súd v Prešove

Party to the main proceedings

Jozef Grundza

Question referred

On a proper interpretation of Articles 7(3) and 9(1)(d) of the Framework Decision (1), is the condition of double criminality to be considered satisfied only where the facts to which the decision to be recognised refers constitute an offence in concreto, i.e. on the basis of a concrete assessment of the facts (whatever its constituent elements or however it is described) also in the law of the executing State, or is that condition sufficiently satisfied where the facts generally constitute (in abstracto) an offence also in the legal order of the executing State?


(1)  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 (OJ 2008 L 327, p. 27).