Questione giuridica chiave
Whether extradition to France had to be refused because the French reservation under Art. 26 CEExtr. and the applicant's mental health created an exceptional hardship risk.
Decisione estratta
The reservation did not bar extradition. The applicant's psychiatric condition was serious, but the Swiss authority had addressed it and there was no basis to assume extradition would expose him to exceptional consequences that required refusal.
Motivazione estratta
The Court held that the requested state may take account of the requesting state's reservation, but this does not eliminate the requested state's discretion. Here, France had indicated the applicant could seek relief from the default judgment, the criminal proceedings were finished, and custody would have to be arranged compatibly with medical care. Whether detention was altogether impossible was a matter for the merits judge.