Judgment_paragraph 53 · LU and PH (C-514/21)

53By contrast, a decision relating to the execution or application of a custodial sentence previously imposed does not constitute a ‘decision’, within the meaning of Article 4a(1), except where it affects the finding of guilt or where its purpose or effect is to modify either the nature or quantum of that sentence and the authority which adopted it enjoyed some discretion in that regard. It follows that a decision revoking the suspension of a custodial sentence on account of the breach by the person concerned of an objective condition attached to that suspension, such as the commission of a new offence during the probation period, does not fall within the scope of Article 4a(1), since it leaves that sentence unchanged with regard to both its nature and its quantum (see, to that effect, judgment of 22 December 2017, Ardic, C‑571/17 PPU, EU:C:2017:1026, paragraphs 77, 81, 82 and 88).