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Led by Ben Emmerson QC, Benjamin represented Mr Chihaia. The court considered an acceptance, by the Romanian judicial authorities, that they had not complied with a general assurance issued in February 2015 that there would be a minimum space requirement for prisoners extradited from the UK. The assurance was reaffirmed and therefore was still reliable. Furthermore the court reconsidered Section 20 of the Extradition Act in light of the decision of the Court of Justice of the EU in the case of C-108/16 PPU, Openbaar Ministerie v Dworzecki.