Judgment_paragraph 48 · O. G. v Presidente del Consiglio dei Ministri (C-700/21)

48As regards the second of those conditions, it follows from the wording of Article 4(6) of Framework Decision 2002/584 that any refusal to execute a European arrest warrant presupposes an actual undertaking on the part of the executing Member State to enforce the custodial sentence imposed on the requested person (judgment of 13 December 2018, Sut, C‑514/17, EU:C:2018:1016, paragraph 35 and the case-law cited). The second condition does not therefore contain any element upon which it is possible to base a distinction between the situation of a third-country national and that of a citizen of the Union, where both are the subject of a European arrest warrant for the purposes of executing a custodial sentence or a detention order and where both are staying or resident in the territory of a Member State.