Re Vilkas

European Union – Police and judicial cooperation in criminal matters. The Court of Justice of the European Union gave a preliminary ruling deciding that art 23(3) of Council Framework Decision 2002/584/JHA, as amended, should be interpreted as meaning that, in a situation such as that at issue in the main proceedings, the executing and issuing judicial authorities agreed on a new surrender date under that provision where the surrender of the requested person within ten days of a first new surrender date agreed on pursuant to that provision proved impossible on account of the repeated resistance of that person, in so far as, on account of exceptional circumstances, that resistance could not have been foreseen by those authorities and the consequences of the resistance for the surrender could not have been avoided in spite of the exercise of all due care by those authorities, which was for the referring court to ascertain.

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