Re Grundza and another

European Union – Conflict of laws. The Court of Justice of the European Union gave a preliminary ruling deciding that arts 7(3) and 9(1)(d) of Council Framework Decision 2008/909/JHA, as amended by Council Framework Decision 2009/299/JHA, should be interpreted as meaning that the condition of double criminality had to be considered to be met, in a situation such as that in the main proceedings, where the factual elements underlying the offence, as reflected in the judgment handed down by the competent authority of the issuing state, would also, per se, be subject to a criminal sanction in the territory of the executing state if they had been present in that state.

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