C-237/21 Generalstaatsanwaltschaft München [currently pending case] Facts of the case The case is based on the request for extradition from Bosnia-Herzegovina to Germany
regarding S.M. for the purpose of enforcing a custodial sentence. The person whose surrender
is sought is a citizen of Serbia, Bosnia-Herzegovina and Croatia, who has lived in Germany
with his wife since mid-2017 and who has been working in Germany since May 2020. The
Generalstaatsanwaltschaft München (Public Prosecution Service, Munich), referring to the
judgment in Raugevicius, requested to find that the extradition of the person whose surrender
is sought is inadmissible.
Referred question In the light of the request of the Public Prosecutor’s Office, the referring German court
decided to ask the Court of Justice if the principles governing the application of Articles 18
and 21 TFEU established by the Court of Justice in the Raugevicius judgment require that a
request from a third State under the European Convention on Extradition of 13 December
1957
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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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.
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European Convention on Extradition (ETS No. 24)
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Cf. Finland made the following declaration pursuant to Article 6 of the European Convention on Extradition:
‘Within the meaning of this Convention the term “nationals” shall denote nationals of Finland, Denmark, Iceland, Norway and Sweden as well as aliens domiciled in these States.’
