The execution of a European arrest warrant shall be refused in the following cases:
1° If the acts for which it was issued could be prosecuted and judged by the French courts and the public prosecution is extinguished by amnesty ;
2° If the requested person has been the subject, by the French judicial authorities or by those of a Member State other than the issuing State, of a final decision for the same acts as those which are the subject of the European arrest warrant provided, in the case of a conviction, that the sentence has been executed or is in the process of being executed or can no longer be enforced under the laws of the convicting State ;
3° If the requested person was under thirteen years of age at the time of the acts that are the subject of the European arrest warrant;
4° (repealed)
5° If it is established that the said arrest warrant was issued for the purpose of prosecuting or convicting a person on account of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation or gender identity, or that that person’s position may be prejudiced for any of these reasons.