The execution of a European arrest warrant may also be refused if the act which is the subject of the said arrest warrant does not constitute an offence under French law.
By way of derogation from the first paragraph, a European arrest warrant shall be executed without verification of the double criminality of the acts complained of where the acts in question are, under the law of the issuing Member State, punishable by a custodial sentence of at least three years’ imprisonment or by a custodial security measure of a similar duration and fall within one of the categories of offences provided for in Article 694-32.
Where the provisions of the preceding paragraph are applicable, the legal classification of the acts and the determination of the penalty incurred shall be a matter for the exclusive discretion of the judicial authority of the issuing Member State.
In matters of taxes and duties, customs and exchange, the execution of a European arrest warrant may not be refused on the grounds that French law does not impose the same type of tax or duty or does not contain the same type of regulation in matters of taxes, duties, customs and exchange as the law of the issuing Member State.