Questão jurídica principal
Whether the appellant had standing under Art. 25(2) EIMP because his pre-trial detention in Switzerland created habitual residence in Switzerland.
Decisão extraída
No. Pre-trial detention is not habitual residence; the appellant remained habitually resident in France and could not appeal the delegation decision on that basis.
Fundamentação extraída
The notion of habitual residence in Art. 25(2) EIMP is autonomous and must be interpreted restrictively. Detention, especially preventive detention aimed at preventing flight, cannot be equated with ordinary residence.