21.8.2017
EN
Official Journal of the European Union
C 277/24
Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 18 May 2017 — Openbaar Ministerie v Sławomir Andrzej Zdziaszek
(Case C-271/17)
(2017/C 277/35)
Language of the case: Dutch
Referring court
Rechtbank Amsterdam
Parties to the main proceedings
Applicant: Openbaar Ministerie
Defendant: Sławomir Andrzej Zdziaszek
Questions referred
1.
Are proceedings
—
in which the court in the issuing Member State decides to combine separate custodial sentences which had previously been imposed on the person concerned by a final judgment into one single custodial sentence, and/or to change an aggregate custodial sentence which had previously been imposed on the person concerned by a final judgment and
—
in which that court no longer examines the question of guilt,
such as the proceedings which led to the cumulative sentence of 25 March 2014, a ‘trial resulting in the decision’ as referred to in the introductory subparagraph of Article 4a(1) of Framework Decision 2002/584/JHA? (1)
2.
Can the executing judicial authority:
—
in a case where the requested person did not appear in person at the trial resulting in the decision,
—
but where the issuing judicial authority has not, either in the EAW [European Arrest Warrant] or in the supplementary information requested pursuant to Article 15(2) of Framework Decision 2002/584/JHA, provided information about the applicability of one or more of the circumstances referred to in subparagraphs (a) to (d) of Article 4a(1) of Framework Decision 2002/584/JHA, in accordance with the wording of one or more of the categories of point 3 of paragraph (d) of the EAW form,
for those very reasons conclude that none of the conditions of Article 4a(1)(a) to (d) of Framework Decision 2002/584/JHA has been satisfied and for those very reasons refuse to execute the EAW?
3.
Are appeal proceedings
—
in which there has been an examination of the merits and
—
which resulted in the passing of a (new) sentence on the person concerned and/or the confirmation of the sentence handed down at first instance,
—
where the EAW concerns the execution of that sentence,
the ‘trial resulting in the decision’ as referred to in Article 4a(1) of Framework Decision 2002/584/JHA?
(1) Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).
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