(Case C-699/21 Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22November 2021– E.D.L.

Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22November 2021– E.D.L.

(Case C-699/21)

Language of the case: Italian

Referring court

Corte costituzionale

Party to the main proceedings

E.D.L.

Question referred

Must Article1(3) of Council Framework Decision 2002/584/JHA on the European arrest warrant,¹ examined in the light of Articles3, 4 and 35 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that, where it considers that the surrender of a person suffering from a serious chronic and potentially irreversible disease may expose that person to the risk of suffering serious harm to his or her health, the executing judicial authority must request that the issuing judicial authority provide information enabling the existence of such a risk to be ruled out, and must refuse to surrender the person in question if it does not obtain assurances to that effect within a reasonable period of time?

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¹ Council Framework Decision of 13June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L190, p.1).