Judgment_paragraph 39 · AV (C-221/19)

39In the second place, as regards Article 17 of Framework Decision 2008/909, it is apparent, first, from paragraph 1 of that article that the enforcement of a sentence under that framework decision is to be governed by the law of the executing State once the sentenced person has been transferred to the competent authorities of that State and those authorities are, in principle, alone competent to decide on the procedures for enforcement and to determine the measures relating thereto, including the grounds for early or conditional release. As the Advocate General observed in point 111 of his Opinion, that provision covers measures seeking to ensure the physical enforcement of a custodial sentence and the social rehabilitation of the sentenced person. However, an aggregate sentence, such as that in the main proceedings – which, as is clear from paragraph 27 of the present judgment, must be distinguished from measures enforcing a custodial sentence, cannot be considered to be covered by Article 17(1) of Framework Decision 2008/909.