Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg (Germany) lodged on 7 September 2020 – TR

(Case C-416/20)

Language of the case: German

Referring court

Hanseatisches Oberlandesgericht Hamburg

Parties to the main proceedings

Person whose surrender is sought: TR

Other party: Generalstaatsanwaltschaft Hamburg

Question referred

In the case of decisions on the extradition for the purposes of criminal prosecution of a person convicted in absentia from a Member State of the European Union to another Member State, are the provisions of Directive 2016/343, 1 in particular Articles 8 and 9 thereof, to be interpreted as meaning that the legality of the extradition (in particular in a so-called case of absconding) depends on the fulfilment by the requesting State of the conditions laid down in the Directive?


1 Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1).