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Document 62009CN0261

    Case C-261/09: Reference for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany), lodged on 14 July 2009 — Extradition proceedings concerning Gaetano Mantello

    SL C 220, 12.9.2009, p. 25–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    12.9.2009   

    EN

    Official Journal of the European Union

    C 220/25

    Reference for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany), lodged on 14 July 2009 — Extradition proceedings concerning Gaetano Mantello

    (Case C-261/09)

    2009/C 220/50

    Language of the case: German

    Referring court

    Oberlandesgericht Stuttgart

    Party to the main proceedings

    Gaetano Mantello

    Questions referred

    1.

    Is the existence of ‘the same acts’ within the meaning of Article 3(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (1) to be determined:

    a)

    according to the law of the issuing Member State,

    b)

    according to the law of the executing Member State, or

    c)

    according to an autonomous interpretation, based on the law of the European Union, of the phrase ‘the same acts’?

    2.

    Are acts consisting of the illicit importation of drugs ‘the same acts’, within the meaning of Article 3(2) of the Framework Decision, as membership of an organisation the purpose of which is illicit drugs trafficking, in so far as the investigating authorities had information and evidence, at the time at which sentence was passed in respect of such importation, which supported a strong suspicion of membership of such an organisation, but omitted for tactical reasons relating to their investigation to provide the relevant information and evidence to the court and to initiate criminal proceedings on that basis?

    (1)  OJ 2002 L 190, p. 1

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