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Document 62010CN0105
Case C-105/10: Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 25 February 2010 — Public prosecutor v Malik Gataev, Khadizhat Gataeva
Case C-105/10: Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 25 February 2010 — Public prosecutor v Malik Gataev, Khadizhat Gataeva
Case C-105/10: Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 25 February 2010 — Public prosecutor v Malik Gataev, Khadizhat Gataeva
SL C 100, 17.4.2010, p. 32–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
17.4.2010 |
EN |
Official Journal of the European Union |
C 100/32 |
Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 25 February 2010 — Public prosecutor v Malik Gataev, Khadizhat Gataeva
(Case C-105/10)
2010/C 100/48
Language of the case: Finnish
Referring court
Korkein oikeus
Parties to the main proceedings
Appellant: Public prosecutor
Respondents: Malik Gataev, Khadizhat Gataeva
Questions referred
1. |
How is the relationship between the provisions of Council Directive 2005/85/EC (1) (the Asylum Procedures Directive) and the provisions of Framework Decision 2002/584/JHA (2) to be interpreted when a person whose surrender is requested under a European arrest warrant, who is a national of a third country, has applied for asylum in the executing Member State and the application for asylum is in progress at the same time as the case concerning the execution of the arrest warrant?
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2. |
Is the Framework Decision, taking into account firstly the principle stated in Article 1(2) of that decision and secondly the provisions of Article 6(1) of the Treaty on European Union and the provisions of the Charter of Fundamental Rights of the European Union, to be interpreted in such a way that, taking into account recitals 12 and 13 of the Framework Decision, in addition to the grounds for refusal set out in Articles 3 and 4 of the Framework Decision, surrender can be refused also on other grounds based on the factors set out in the recitals?
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3. |
Can the provisions of the Framework Decision be interpreted in such a way that surrender can be refused altogether in a situation in which the surrender may be temporarily postponed for serious humanitarian reasons, for example reasons of health, in accordance with Article 23(4) of the Framework Decision, if in such a case the unreasonableness of the surrender cannot be eliminated by a stay of execution? |
4. |
If the Framework Decision is to be interpreted in such a way that execution of the arrest warrant can be refused on grounds regarding which there are no explicit provisions in the Framework Decision, what conditions for such refusal must be imposed, particularly when the arrest warrant was issued for the purposes of execution of a sentence?
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5. |
Regarding execution of the arrest warrant, what significance must or may be afforded to the fact that a person apprehended, who is a citizen of a third country, opposes the surrender by claiming that he or she is threatened with deportation to a third country in the country which issued the arrest warrant?
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6. |
Is the obligation of a national court to interpret national law in conformity with the Framework Decision, as set out in paragraphs 34 and 42 to 44 of the judgment of the Court of Justice of the European Communities in Case C-105/03 Pupino, valid irrespective of whether the interpretation required by the Framework Decision turns out to be to the advantage or to the disadvantage of an individual party, when the situations set out in paragraphs 44 to 45 of that judgment are not involved? |
(1) Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13).
(2) Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. (OJ 2002 L 190, p. 1)
(3) Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12).