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2.4.2011 |
EN |
Official Journal of the European Union |
C 103/16 |
Reference for a preliminary ruling from the Cour D’Appel D’Amiens (France) lodged on 31 January 2011 — Criminal proceedings against João Pedro Lopes Da Silva Jorge
(Case C-42/11)
2011/C 103/28
Language of the case: French
Referring court
Cour D’Appel D’Amiens
Party/parties to the main proceedings
João Pedro Lopes Da Silva Jorge
Questions referred
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1. |
Does the principle of non discrimination laid down by Article 12 EC preclude national legislation such as Article 695-24 of the Code of Criminal Procedure which restricts the power to refuse to execute a European arrest warrant issued for the purposes of enforcing a penalty involving deprivation of liberty to cases where the person whose extradition is sought is of French nationality and the competent French authorities undertake to proceed with such enforcement? |
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2. |
Is the principle of the implementation in domestic law of the grounds for non enforcement provided for in Article 4(6) of the framework decision (1) a matter for the discretion of the Member States or is it compulsory, and in particular may a Member State adopt a measure involving discrimination based on nationality? |
(1) 2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).