Judgment_paragraph 37 · Ministère public v Marin-Simion Sut (C-514/17)

37It follows from the foregoing considerations that the option conferred on the executing judicial authority to refuse, pursuant to Article 4(6) of Framework Decision 2002/584, to surrender the person requested may be exercised only if that judicial authority, after having ascertained, first, that that person falls within the scope of that provision, within the meaning set out in paragraph 34 above, and, second, that the custodial sentence passed in the issuing Member State against that person can actually be enforced in the executing Member State, considers that there is a legitimate interest which would justify the sentence imposed in the issuing Member State being enforced in the executing Member State.