Request for a preliminary ruling from the Corte d’Appello di Milano (Italy) lodged on 17 February 2026 – Criminal proceedings against GL

(Case C-98/26, Miaccu  (1) )

(C/2026/3153)

Language of the case: Italian

Referring court

Corte d’Appello di Milano

Party to the main proceedings

GL

Question referred

Must recital 12 and Article 1(3) of Framework Decision 2002/584/JHA (2) be interpreted as not precluding national legislation implementing that framework decision, such as Law No 69/2005, which, by referring in Article 39(1) to the general provisions of the Code of Criminal Procedure, ‘in so far as they are compatible’, provides that the EAW cannot be executed if the person requested by the issuing State is unable to participate in the proceedings with full awareness because of their mental state, that state being irreversible?

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(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  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).