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In our review, past postoperative oculomotor nerve palsies occurred in all patients with tumors that extended to the orbital region, except our present case Table 1 , where the tumor was located in the superior orbital fissure and close to other neurovascular structures. It is difficult to decide on the best treatment strategy for oculomotor schwannomas. Skip to main content.

Polarized Triple-Axis Spectrometer


The tumor originated from the oculomotor nerve and was subtotally removed under microscopic surgery. The pathological findings confirmed the tumor as a schwannoma. After surgery, ptosis and medial gaze limitation of the left eye was detected, but the symptoms improved gradually. They usually arise from the schwann cell layer of the vestibular branch of the eighth nerve or less commonly from the fifth nerve, the seventh nerve, and lower cranial nerve [ 1 ].

Oculomotor schwannomas without neurofibromatosis is very rare [ 2 ]. The first report of an isolated oculomotor nerve schwannoma was described by Kovacs in an autopsy in [ 3 ]. After then, approximately 40 cases of oculomotor nerve schwannomas have been described in the literature. The author reports a case of oculomotor schwannoma mimicking an optic nerve origin tumor that was removed surgically.

A year-old female presented with one week history of blurred vision. A physical examination revealed relative afferent pupillary defect and decreased visual acuity of the left side. The lesion appeared as an isosignal in the T1-weighted image, mild high signal in the T2-weighted image, and homogeneous enhancement in the gadolinium enhanced scan Fig. The MRI showed that the small nodular mass, passing through the superior orbital fissure, extended from the cavernous sinus to the intraorbital region, and the mass was compressing the optic nerve.

After administration of steroids, visual acuity improved, but did not fully recover. Thus, we decided to remove the tumor surgically, as this was an optic nerve originating mass with differential diagnostic possibilities. There was no evidence of neurofibromatosis, such as characteristic skin lesions, familial history, or other cranial nerve tumors or meningiomas in the MRI. A T1-weighted magnetic resonance imaging MRI with gadolinium enhancement is showing an avoid mass in the superior orbital fissure, and the mass was extended from cavernous sinus to the intraorbital resion A-C.

The patient underwent a major surgery via the left frontotemporal approach using a neuro-navigation system. We performed an intradural anterior clinoidectomy and unroofing of the superior orbital wall.

The tumor was observed to originate from the ventral portion of the oculomotor nerve Fig. The anatomical continuity of the oculomotor nerve was preserved. Histopathological examination of the tumor revealed a schwannoma Fig. There was no evidence of recurrence on the one-year follow-up MRI Fig.

After surgery, the left side ptosis and medial gaze limitation was evident Fig. Intaoperative photogram showing the tumor originated from ventral part of oculomotor nerve.

Photograph demonstrating post-surgical function of oculomotor nerve. There were medial and down gaze limitation and ptosis of left eye. The nerve function was improved after four months. The accurate diagnosis, using imaging modalities, of oculomotor schwannoma may be difficult because of the complex orbital anatomy and its low incidence. Two clues leading to diagnosis are tumor location along the course of the oculomotor nerve, and oculomotor nerve palsy on neurologic examination [ 2 , 4 ].

The most common symptom of oculomotor schwannomas is oculomotor nerve palsy, but oculomotor nerve palsy is not always the initial symptom [ 4 ]. In the present case, optic nerve dysfunction was observed on neurologic examination without oculomotor nerve palsy. Thus, the optic nerve masses such as gliomas, schwannomas, or meningiomas appear to be differential preoperative diagnostic possibilities. However, we noted that the tumor origin was the oculomotor nerve during surgery.

In patients with oculomotor schwannomas located in the intraorbital area without oculomotor nerve palsy, the operative finding may be important to confirm the tumor origin. We reviewed 25 patients who received surgery for oculomotor nerve schwannomas Table 1. Preoperative oculomotor nerve palsy manifested in 19 cases out of 25, and optic nerve dysfunction was shown in only 2 patients, including the present case.

The tumor extended to the orbit region in 4 cases, and 2 of 4 patients manifested optic nerve dysfunction. Regardless of the radicality of the resection, postoperative oculomotor nerve palsy occurred in patients with oculomotor schwannomas in the orbital region, excluding our case. Because of the tumor's benign property, total resection of the tumor is the treatment modality and adjunctive therapy is not needed.

The oculomotor nerve is known to be fragile and is easily injured [ 4 ]. Previous studies reported that total resection of the tumor results in complete oculomotor nerve palsy [ 5 , 6 , 7 ]. Worsening of oculomotor nerve function may occur after subtotal or partial resection of the tumor [ 2 , 4 ]. The oculomotor nerve contains somatic motor fibers to many of the orbital muscles, but also carries parasympathetic fibers to the papillary muscle.

Thus, oculomotor nerve palsy may worsen the patient's quality of life. It is difficult to decide on the best treatment strategy for oculomotor schwannomas. The Member State of transit shall notify its decision by the same procedure. This Framework Decision does not apply in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs, the issuing Member State shall provide the authority designated pursuant to paragraph 2 with the information provided for in paragraph 1.

Where a transit concerns a person who is to be extradited from a third State to a Member State this Article will apply mutatis mutandis.

In particular the expression "European arrest warrant" shall be deemed to be replaced by "extradition request". The issuing Member State shall deduct all periods of detention arising from the execution of a European arrest warrant from the total period of detention to be served in the issuing Member State as a result of a custodial sentence or detention order being passed. To that end, all information concerning the duration of the detention of the requested person on the basis of the European arrest warrant shall be transmitted by the executing judicial authority or the central authority designated under Article 7 to the issuing judicial authority at the time of the surrender.

Each Member State may notify the General Secretariat of the Council that, in its relations with other Member States that have given the same notification, consent is presumed to have been given for the prosecution, sentencing or detention with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to his or her surrender, other than that for which he or she was surrendered, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.

Except in the cases referred to in paragraphs 1 and 3, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered.

Renunciation shall be given before the competent judicial authorities of the issuing Member State and shall be recorded in accordance with that State's domestic law. The renunciation shall be drawn up in such a way as to make clear that the person has given it voluntarily and in full awareness of the consequences.

To that end, the person shall have the right to legal counsel;. A request for consent shall be submitted to the executing judicial authority, accompanied by the information mentioned in Article 8 1 and a translation as referred to in Article 8 2. Consent shall be given when the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Framework Decision.

Consent shall be refused on the grounds referred to in Article 3 and otherwise may be refused only on the grounds referred to in Article 4. The decision shall be taken no later than 30 days after receipt of the request. For the situations mentioned in Article 5 the issuing Member State must give the guarantees provided for therein. Each Member State may notify the General Secretariat of the Council that, in its relations with other Member States which have given the same notification, the consent for the surrender of a person to a Member State other than the executing Member State pursuant to a European arrest warrant issued for an offence committed prior to his or her surrender is presumed to have been given, unless in a particular case the executing judicial authority states otherwise in its decision on surrender.

In any case, a person who has been surrendered to the issuing Member State pursuant to a European arrest warrant may, without the consent of the executing Member State, be surrendered to a Member State other than the executing Member State pursuant to a European arrest warrant issued for any offence committed prior to his or her surrender in the following cases:.

Consent shall be given before the competent judicial authorities of the issuing Member State and shall be recorded in accordance with that State's national law. It shall be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences.

To that end, the requested person shall have the right to legal counsel;. The executing judicial authority consents to the surrender to another Member State according to the following rules:. For the situations referred to in Article 5, the issuing Member State must give the guarantees provided for therein. Notwithstanding paragraph 1, a person who has been surrendered pursuant to a European arrest warrant shall not be extradited to a third State without the consent of the competent authority of the Member State which surrendered the person.

Such consent shall be given in accordance with the Conventions by which that Member State is bound, as well as with its domestic law. At the request of the issuing judicial authority or on its own initiative, the executing judicial authority shall, in accordance with its national law, seize and hand over property which:.

The property referred to in paragraph 1 shall be handed over even if the European arrest warrant cannot be carried out owing to the death or escape of the requested person. If the property referred to in paragraph 1 is liable to seizure or confiscation in the territory of the executing Member State, the latter may, if the property is needed in connection with pending criminal proceedings, temporarily retain it or hand it over to the issuing Member State, on condition that it is returned.

Any rights which the executing Member State or third parties may have acquired in the property referred to in paragraph 1 shall be preserved. Where such rights exist, the issuing Member State shall return the property without charge to the executing Member State as soon as the criminal proceedings have been terminated. Expenses incurred in the territory of the executing Member State for the execution of a European arrest warrant shall be borne by that Member State.

Without prejudice to their application in relations between Member States and third States, this Framework Decision shall, from 1 January , replace the corresponding provisions of the following conventions applicable in the field of extradition in relations between the Member States:. Member States may continue to apply bilateral or multilateral agreements or arrangements in force when this Framework Decision is adopted in so far as such agreements or arrangements allow the objectives of this Framework Decision to be extended or enlarged and help to simplify or facilitate further the procedures for surrender of persons who are the subject of European arrest warrants.

Member States may conclude bilateral or multilateral agreements or arrangements after this Framework Decision has come into force in so far as such agreements or arrangements allow the prescriptions of this Framework Decision to be extended or enlarged and help to simplify or facilitate further the procedures for surrender of persons who are the subject of European arrest warrants, in particular by fixing time limits shorter than those fixed in Article 17, by extending the list of offences laid down in Article 2 2 , by further limiting the grounds for refusal set out in Articles 3 and 4, or by lowering the threshold provided for in Article 2 1 or 2.

The agreements and arrangements referred to in the second subparagraph may in no case affect relations with Member States which are not parties to them. Member States shall, within three months from the entry into force of this Framework Decision, notify the Council and the Commission of the existing agreements and arrangements referred to in the first subparagraph which they wish to continue applying.

Member States shall also notify the Council and the Commission of any new agreement or arrangement as referred to in the second subparagraph, within three months of signing it. Where the conventions or agreements referred to in paragraph 1 apply to the territories of Member States or to territories for whose external relations a Member State is responsible to which this Framework Decision does not apply, these instruments shall continue to govern the relations existing between those territories and the other Members States.

Extradition requests received before 1 January will continue to be governed by existing instruments relating to extradition. Requests received after that date will be governed by the rules adopted by Member States pursuant to this Framework Decision. However, any Member State may, at the time of the adoption of this Framework Decision by the Council, make a statement indicating that as executing Member State it will continue to deal with requests relating to acts committed before a date which it specifies in accordance with the extradition system applicable before 1 January The date in question may not be later than 7 August The said statement will be published in the Official Journal of the European Communities.

It may be withdrawn at any time. As long as Austria has not modified Article 12 1 of the "Auslieferungs- und Rechtshilfegesetz" and, at the latest, until 31 December , it may allow its executing judicial authorities to refuse the enforcement of a European arrest warrant if the requested person is an Austrian citizen and if the act for which the European arrest warrant has been issued is not punishable under Austrian law.

Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 31 December Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. When doing so, each Member State may indicate that it will apply immediately this Framework Decision in its relations with those Member States which have given the same notification.

The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to Article 7 2 , Article 8 2 , Article 13 4 and Article 25 2. It shall also have the information published in the Official Journal of the European Communities. On the basis of the information communicated by the General Secretariat of the Council, the Commission shall, by 31 December at the latest, submit a report to the European Parliament and to the Council on the operation of this Framework Decision, accompanied, where necessary, by legislative proposals.

The Council shall in the second half of conduct a review, in particular of the practical application, of the provisions of this Framework Decision by the Member States as well as the functioning of the Schengen Information System. This Framework Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

This warrant has been issued by a competent judicial authority. I request that the person mentioned below be arrested and surrendered for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. Pursuant to Article 32 of the framework decision on the European arrest warrant and the surrender procedures between Member States, France states that as executing Member State it will continue to deal with requests relating to acts committed before 1 November , the date of entry into force of the Treaty on European Union signed in Maastricht on 7 February , in accordance with the extradition system applicable before 1 January Italy will continue to deal in accordance with the extradition rules in force with all requests relating to acts committed before the date of entry into force of the framework decision on the European arrest warrant, as provided for in Article 32 thereof.

Pursuant to Article 32 of the framework decision on the European arrest warrant and the surrender procedures between Member States, Austria states that as executing Member State it will continue to deal with requests relating to punishable acts committed before the date of entry into force of the framework decision in accordance with the extradition system applicable before that date.

The consent of the person concerned to his or her surrender may be revoked until the time of surrender. Consent to surrender and express renunciation of entitlement to the speciality rule may be revoked in accordance with the relevant rules applicable at any time under Danish law. In Ireland, consent to surrender and, where appropriate, express renunciation of the entitlement to the "specialty" rule referred to in Article 27 2 may be revoked.

Consent may be revoked in accordance with domestic law until surrender has been executed. In Finland, consent to surrender and, where appropriate, express renunciation of entitlement to the "speciality rule" referred to in Article 27 2 may be revoked.

Consent or renunciation within the meaning of Article 13 1 may be revoked by the party whose surrender has been requested. Revocation must take place before the decision on surrender is executed. This site uses cookies to improve your browsing experience. Would you like to keep them? Skip to main content. This document is an excerpt from the EUR-Lex website. EU case law Case law Digital reports Directory of case law. Need more search options?

Use the Advanced search. Help Print this page. Expand all Collapse all. Languages, formats and link to OJ. Article 2 Scope of the European arrest warrant 1. The following offences, if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined by the law of the issuing Member State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to surrender pursuant to a European arrest warrant: Article 3 Grounds for mandatory non-execution of the European arrest warrant The judicial authority of the Member State of execution hereinafter "executing judicial authority" shall refuse to execute the European arrest warrant in the following cases: Article 4 Grounds for optional non-execution of the European arrest warrant The executing judicial authority may refuse to execute the European arrest warrant: Article 5 Guarantees to be given by the issuing Member State in particular cases The execution of the European arrest warrant by the executing judicial authority may, by the law of the executing Member State, be subject to the following conditions: Article 6 Determination of the competent judicial authorities 1.

Article 7 Recourse to the central authority 1. Article 8 Content and form of the European arrest warrant 1. The European arrest warrant shall contain the following information set out in accordance with the form contained in the Annex: Article 10 Detailed procedures for transmitting a European arrest warrant 1.

Article 11 Rights of a requested person 1. Article 12 Keeping the person in detention When a person is arrested on the basis of a European arrest warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention, in accordance with the law of the executing Member State.

Article 13 Consent to surrender 1. Article 14 Hearing of the requested person Where the arrested person does not consent to his or her surrender as referred to in Article 13, he or she shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing Member State. Article 15 Surrender decision 1. Article 16 Decision in the event of multiple requests 1. Article 17 Time limits and procedures for the decision to execute the European arrest warrant 1.

A European arrest warrant shall be dealt with and executed as a matter of urgency. Reasons must be given for any refusal to execute a European arrest warrant. Article 18 Situation pending the decision 1. Where the European arrest warrant has been issued for the purpose of conducting a criminal prosecution, the executing judicial authority must: Article 19 Hearing the person pending the decision 1.

Article 20 Privileges and immunities 1. Article 21 Competing international obligations This Framework Decision shall not prejudice the obligations of the executing Member State where the requested person has been extradited to that Member State from a third State and where that person is protected by provisions of the arrangement under which he or she was extradited concerning speciality.

Article 22 Notification of the decision The executing judicial authority shall notify the issuing judicial authority immediately of the decision on the action to be taken on the European arrest warrant. Article 23 Time limits for surrender of the person 1.

Article 24 Postponed or conditional surrender 1. Article 25 Transit 1. Each Member State shall, except when it avails itself of the possibility of refusal when the transit of a national or a resident is requested for the purpose of the execution of a custodial sentence or detention order, permit the transit through its territory of a requested person who is being surrendered provided that it has been given information on: Article 27 Possible prosecution for other offences 1.

Paragraph 2 does not apply in the following cases: To that end, the person shall have the right to legal counsel; g where the executing judicial authority which surrendered the person gives its consent in accordance with paragraph 4.

Article 28 Surrender or subsequent extradition 1. In any case, a person who has been surrendered to the issuing Member State pursuant to a European arrest warrant may, without the consent of the executing Member State, be surrendered to a Member State other than the executing Member State pursuant to a European arrest warrant issued for any offence committed prior to his or her surrender in the following cases: To that end, the requested person shall have the right to legal counsel; c where the requested person is not subject to the speciality rule, in accordance with Article 27 3 a , e , f and g.

The executing judicial authority consents to the surrender to another Member State according to the following rules: