Request for a preliminary ruling from the Oberlandesgericht München (Germany) lodged on 1 July 2022 – Generalstaatsanwaltschaft München v HF

(Case C-435/22)

Language of the case: German

Referring court

Oberlandesgericht München

Parties to the main proceedings

Applicant: Generalstaatsanwaltschaft München

Defendant: HF

Question referred

Must Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed on 19 June 1990 in Schengen, read in conjunction with Article 50 of the Charter of Fundamental Rights of the European Union, ¹ be interpreted as meaning that that those provisions preclude the extradition of a third-country national who is not an EU citizen in terms of Article 20 of the TFEU by the authorities of a contracting state to that Convention and an EU Member State to a third country if final judgment has been passed against the person concerned by another Member State of the European Union for the same offences to which the extradition request relates and that judgment has been enforced and where the decision to refuse to extradite that person to the third country would be possible only at the cost of breaching a bilateral extradition treaty that exists with that third country?

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¹ OJ 2000 C 364, p. 1.