Request for a preliminary ruling from the Cour de cassation (Belgium) lodged on 28 November 2023 – Criminal proceedings against AR

(Case C-722/23, Rugu) ¹

Language of the case: French

Referring court

Cour de cassation

Party to the main proceedings

AR

Other party

Ministère Public

Questions referred

Where the courts of the 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, does 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 authorise courts of the executing Member State that find that the requested person resides in the executing State to decide subsequently that, in accordance with the provision transposing Article 4(6) of the framework decision into national law, the custodial sentence imposed in the Member State that issued the European arrest warrant, which is referred to in that warrant, is to 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.