# C_2021368EN.01001301.xml

| 13.9.2021 | EN | Official Journal of the European Union | C 368/13 |
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13.9.2021

EN

Official Journal of the European Union

C 368/13

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Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 14 July 2021 — European arrest warrant issued against TZ; other party to the proceedings: Openbaar Ministerie

(Case C-429/21)

(2021/C 368/13)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

European arrest warrant issued against: TZ

Other party to the proceedings: Openbaar Ministerie

Questions referred

| 1. | Must Article 28(3) of Framework Decision 2002/584/JHA, (1) read in the light of the right to effective judicial protection, be interpreted as meaning:






  — | that a person who has been surrendered to the issuing Member State and in respect of whom a third Member State has subsequently issued an EAW for offences committed prior to that surrender, must be able to exercise his or her right to be heard in relation to the request for consent for subsequent surrender, as referred to in Article 28(3) of Framework Decision 2002/584/JHA, in the issuing Member State before a judicial authority of that Member State during the proceedings on the execution of the EAW issued by the third Member State; or |
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1.

Must Article 28(3) of Framework Decision 2002/584/JHA, (1) read in the light of the right to effective judicial protection, be interpreted as meaning:

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that a person who has been surrendered to the issuing Member State and in respect of whom a third Member State has subsequently issued an EAW for offences committed prior to that surrender, must be able to exercise his or her right to be heard in relation to the request for consent for subsequent surrender, as referred to in Article 28(3) of Framework Decision 2002/584/JHA, in the issuing Member State before a judicial authority of that Member State during the proceedings on the execution of the EAW issued by the third Member State; or

| — | that that person must be able to exercise his right to be heard in the Member State which previously surrendered him to the executing judicial authority during the proceedings on the giving of consent for subsequent surrender? |
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that that person must be able to exercise his right to be heard in the Member State which previously surrendered him to the executing judicial authority during the proceedings on the giving of consent for subsequent surrender?

| 2. | If a surrendered person must be able to exercise his or her right to be heard in relation to the decision on a request for consent for subsequent surrender, as referred to in Article 28(3) of Framework Decision 2002/584/JHA, in the Member State which previously surrendered him or her, in what way must that Member State enable him or her to do so? |
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2.

If a surrendered person must be able to exercise his or her right to be heard in relation to the decision on a request for consent for subsequent surrender, as referred to in Article 28(3) of Framework Decision 2002/584/JHA, in the Member State which previously surrendered him or her, in what way must that Member State enable him or her to do so?

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(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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