Press Release: Judgment in Case C-640/15. Tomas Vilkas

The authorities responsible for executing a European arrest warrant must, in the event of force majeure being established, set a third surrender date where the first two surrender attempts have failed on account of the resistance put up by the requested person.

It is for the national courts to verify that the authorities could not foresee such resistance and that the consequences of the resistance for the surrender could not have been avoided in spite of the exercise of all due care by those authorities.