Request for a preliminary ruling from the Bezirksgericht Linz (Austria) lodged on 7 September 2015 — Peter Schotthöfer & Florian Steiner GbR v Eugen Adelsmayr

(Case C-473/15)

Language of the case: German

Referring court

Bezirksgericht Linz

Parties to the main proceedings

Applicant: Peter Schotthöfer & Florian Steiner GbR

Defendant: Eugen Adelsmayr

Question referred

Is the principle of non-discrimination laid down in Article 18 TFEU to be interpreted as meaning that, where a Member State has laid down a provision in its legal system, such as Article 16(2) of the Basic Law of the Federal Republic of Germany, which prohibits the extradition of German citizens to non-Member States, the prohibition also applies to citizens of other Member States residing in the Member State at issue?

Are Articles 19(2) and 47 of the Charter of Fundamental Rights of the European Union to be interpreted as meaning that a Member State of the European Union must reject an application for extradition emanating from a non-Member State concerning an EU citizen residing in that Member State where the criminal proceedings from which the application for extradition arose and the decision rendered in absentia in the non-Member State did not respect the minimum standard of international law and the non-mandatory principles of the public order of the European Union (ordre public) or the right to a fair trial?

Lastly, is Article 50 of the Charter of Fundamental Rights of the European Union or the principle of ne bis in idem secured in the case-law of the Court of Justice to be interpreted as precluding further prosecution by a non-Member State in the case of a first conviction in the non-Member State followed by the discontinuing of proceedings in a Member State of the European Union for lack of real grounds justifying prosecution?

In the event that one of the first three questions is answered in the affirmative, is, inter alia, Article 6 of the Charter of Fundamental Rights of the European Union (‘Right to liberty’) to be interpreted as meaning that an EU citizen may not be held in custody for extradition where a non-Member State makes such an application for extradition?

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