Request for a preliminary ruling from the Oberlandesgericht München (Germany) lodged on 13 April 2021 – S.M.

(Case C-237/21)

Language of the case: German

Referring court

Oberlandesgericht München

Parties to the main proceedings

Person whose surrender is sought: S.M.

Applicant: Generalstaatsanwaltschaft München

Question referred

Do the principles governing the application of Articles 18 and 21 TFEU established by the Court in its judgment of 13 November 2018 in Raugevicius (C-247/17, EU:C:2018:898) require that a request from a third country under the European Convention on Extradition of 13 December 1957 seeking the extradition of an EU citizen for the purpose of enforcing a sentence is to be refused, even where the requested Member State is obliged by international law under that Convention to extradite the EU citizen, because it has defined the term ‘nationals’ within the meaning of Article 6(1)(b) of the Convention as meaning that it refers only to its own nationals, not to other EU citizens?

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