Re Sut

European Union – Police and judicial co-operation in criminal matters. Article 4(6) of Council Framework Decision 2002/584/JHA should be interpreted as meaning that, where a person who was the subject of a European arrest warrant (an EAW) issued for the purposes of enforcing a custodial sentence resided in the executing member state and had family, social and working ties in that member state, the executing judicial authority could, for reasons related to the social rehabilitation of that person, refuse to execute that warrant, despite the fact that the offence which provided the basis for that warrant was, under that national law of the executing member state, punishable by fine only, provided that, in accordance with its national law, that fact did not prevent the custodial sentence imposed on the person requested from actually being enforced in that member state, which was for the referring court to ascertain. The Court of Justice of the European Union so held in proceedings concerning the execution, in Belgium, of an EAW by the Romanian authorities against the defendant.

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