Reference for a preliminary ruling from the Oberlandesgericht Hamm (Germany) lodged on 1 June 2022 – Criminal proceedings against A.
(Case C-352/22)
Language of the case: German
Referring court
Oberlandesgericht Hamm
Parties to the main proceedings:
Requested person: A.
Applicant: Generalstaatsanwaltschaft Hamm
Questions referred
Must Article 9(2) and (3) of Directive 2013/32/EU, 1 in conjunction with Article 21(1) of Directive 2011/95/EU, 2 be interpreted as meaning that the final recognition of a person as a refugee within the meaning of the Geneva Convention on Refugees in another Member State of the European Union is binding for the purposes of the extradition procedure in the Member State requested to extradite such a person on account of the obligation under EU law to interpret national law in conformity with the directives (third paragraph of Article 288 TFEU and Article 4(3) TEU), that is to say, is binding in such a way that extradition of the person to the third country or country of origin is thereby necessarily precluded until his or her recognition as a refugee has been revoked or has expired?
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1 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60).
1 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).