Reference for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 28 May 2010 — Criminal proceedings against Gheorghe Kita

(Case C-264/10)

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2010/C 209/41

Language of the case: Romanian

Referring court

Înalta Curte de Casație și Justiție

Parties to the main proceedings

Gheorghe Kita

Question referred

Is Article 5(3) of Council Framework Decision 2002/584/JHA (1) of 13 June 2002 to be interpreted as meaning that the return (transfer) of the sentenced person, surrendered earlier in accordance with a European arrest warrant for the purposes of criminal proceedings, to the State of which he is a national takes place automatically, even without his consent, consent that is a condition imposed by the European Convention on the Transfer of Sentenced Persons?

(1)  Council Framework Decision on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).