Case C‑164/22

Juan

(Request for a preliminary ruling from the Audiencia Nacional)

Judgment of the Court (First Chamber) of 21 September 2023

(Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for non-execution – Point 2 of Article 3 – Principle ne bis in idem – Concept of ‘same acts’ – Set of concrete circumstances which are inextricably linked together – Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims)

1. Judicial cooperation in criminal matters – Framework decision on the European arrest warrant and the surrender procedures between Member States – Grounds for mandatory non-execution of the European arrest warrant – Principle ne bis in idem – Condition for application – Same acts – Concept – Identity of the material facts – Assessment of identity falling within the jurisdiction of the national court

   (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 3, point 2)

   (see paragraphs 29, 32-35)

2. Judicial cooperation in criminal matters – Framework decision on the European arrest warrant and the surrender procedures between Member States – Grounds for mandatory non-execution of the European arrest warrant – Arrest warrant issued against a requested person who has been finally judged in the executing Member State and is serving a prison sentence there which was handed down in that judgment – Included – Condition – Person prosecuted in the issuing Member State for the same acts – Classification of the offences under the law of the executing Member State – Irrelevant as regards establishing the existence of the same acts

   (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 3, point 2)

   (see paragraph 38, operative part)

See the text of the decision.