In Romeo Castaño v. Belgium (9.7.2019) the ECHR confirms the applicability of Article 3 of the Convention to the execution by EU Member States of a European Arrest Warrant but extends its scrutiny to Article 2 of the Convention in cases where a European Arrest Warrant has been issued with a view to enabling criminal proceedings for homicide in the issuing State to go ahead. In such cases, Article 2 imposes on the executing State an obligation to cooperate with the issuing State in facilitating those criminal proceedings, notably by transferring the person who is the subject of the European Arrest Warrant, without however ignoring the limits to such a transfer flowing from Article 3 of the Convention. Any refusal of a transfer on this ground should therefore be duly reasoned by reference to updated and individualised information.

In Nodet v. France (6.6.2019) the ECHR applies the non bis in idem principle according to its recent A. & B. v. Norway jurisprudence (24130/11 and 29758/11, 15.11.2016), which is in some contrast with the Menci jurisprudence of the CJEU (C-524/15, 20.3.2018), also mentioned in the Nodet judgment (at § 31).

In Repcevirag Szövetkezet v. Hungary (30.4.2019) the ECHR examines whether the Kúria breached Article 6 of the Convention by refusing to request a preliminary ruling by the CJEU in proceedings relating to an action in tort against Hungary for infringement of European Union law (Köbler case-law).

In Harisch v. Germany (11.4.2019) the ECHR assesses compliance with Article 6 of the Convention of the failure by the Federal Court of Justice (BGH), in the context of its examination of a refusal of leave to appeal, to give reasons for its refusal to request a preliminary ruling from the CJEU (Art. 267 TFEU).