Request for a preliminary ruling from the Cour de cassation (Belgium) lodged on 6 February 2024 – Criminal proceedings against HL

(Case C-91/24, Aucroix) ¹

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceeding

Procureur général de Mons

HL

Question referred

Where the courts of a Member State executing a European arrest warrant have found that, in the event of the surrender of the requested person to the issuing Member State, there is a risk of that person’s fundamental rights being infringed in connection with the execution of the foreign sentence, with the consequence that there are grounds for refusing to execute the European arrest warrant, must Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States ¹ be interpreted as requiring those courts of the executing State to examine – in order to avoid a situation where the requested person who is a national of or resides in that State might remain unpunished – whether it is appropriate to order, in accordance with the provision transposing the abovementioned Article 4(6) into national law, that the custodial sentence imposed on the person concerned in the Member State that issued the European arrest warrant, which is referred to in that warrant, be served in the executing Member State?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

¹ OJ 2002 L 190, p. 1.