Judgment of the Court (Fourth Chamber) of 24 September 2020 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Criminal proceedings against XC

(Case C-195/20 PPU) 1

(Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Effects of the surrender – Article 27 – Potential prosecutions for other offences – Specialty rule)

Language of the case: German

Referring court

Bundesgerichtshof

Party/parties in the main proceedings

XC

other party to the proceedings: Generalbundesanwalt beim Bundesgerichtshof

Operative part of the judgment

Article 27(2) and (3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that the specialty rule provided for in Article 27(2) does not preclude a measure involving deprivation of liberty taken against a person referred to in a first European arrest warrant on the basis of a different offence to that which constituted the basis for his or her surrender under that warrant and prior to that offence, when that person’s departure from the Member State which issued the first warrant was voluntary and he or she was surrendered to that Member State under a second European arrest warrant issued after that departure for the purposes of executing a custodial sentence, provided that, under the second European arrest warrant, the executing judicial authority of that Member State gave its consent to extending the prosecution to the offence which gave rise to that measure involving deprivation of liberty.

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1 OJ C 230, 13.7.2020.