Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 28 June 2023 – Dimas v Ministerio Fiscal

(Case C-402/23, Dimas)

Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings

Applicant: Dimas

Defendant: Ministerio Fiscal

Questions referred

Must Article 18 and Article 21(1) TFEU be interpreted as meaning that the prohibition on the surrender of nationals contained in a bilateral extradition treaty concluded between a Member State of the European Union and a third State must be extended to the nationals of other Member States of the European Union which do not accede to an extradition requested by the third State on grounds of their nationality, when those nationals are present in the territory of the requested Member State exercising their right of free movement?

If the Member State of the European Union of which the person sought is a national refuses to issue an arrest warrant in order to prosecute the offence for which the extradition is requested, since, if that person had been arrested in that State, on account of his or her nationality, that person would not have been extradited, does the decision of that Member State regarding its national bind the requested Member State in the case of an extradition requested by a third State, when the national in question is present in the territory of the requested Member State exercising his or her right of free movement?

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