O. G. v Presidente del Consiglio dei Ministri
1. Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, read in conjunction with the principle of equality before the law, enshrined in Article 20 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding a law of a Member State transposing that Article 4(6), which excludes, absolutely and automatically, any third-country national staying or resident in the territory of that Member State from benefiting from the ground for optional non-execution of a European arrest warrant laid down in that provision, without the executing judicial authority being able to assess the connections that that national has with that Member State.