# C_2008116EN.01001802.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 116/18 |
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9.5.2008

EN

Official Journal of the European Union

C 116/18

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Reference for a preliminary ruling from the Rechtbank Amsterdam lodged on 21 March 2008 — Dominic Wolzenburg

(Case C-123/08)

(2008/C 116/33)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Party to the main proceedings

Applicant: Dominic Wolzenburg

Applicant:

Questions referred

| 1. | Should persons who are staying in or are residents of the executing Member State, as referred to in Article 4(6) of the Framework Decision (1), be taken to mean persons who do not have the nationality of the executing Member State, but do have the nationality of another Member State and are lawfully resident in the executing Member State pursuant to Article 18(1) EC, regardless of the duration of that lawful residence? |
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1.

Should persons who are staying in or are residents of the executing Member State, as referred to in Article 4(6) of the Framework Decision (1), be taken to mean persons who do not have the nationality of the executing Member State, but do have the nationality of another Member State and are lawfully resident in the executing Member State pursuant to Article 18(1) EC, regardless of the duration of that lawful residence?

1

| 2a. | If the answer to question 1 is negative, should the terms referred to in that question be interpreted as meaning that they concern persons who do not have the nationality of the executing Member State, but do have the nationality of another Member State and, prior to their arrest under a European arrest warrant, have been lawfully resident in the executing Member State pursuant to Article 18(1) EC for at least a certain period? |
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2a.

If the answer to question 1 is negative, should the terms referred to in that question be interpreted as meaning that they concern persons who do not have the nationality of the executing Member State, but do have the nationality of another Member State and, prior to their arrest under a European arrest warrant, have been lawfully resident in the executing Member State pursuant to Article 18(1) EC for at least a certain period?

| 2b. | If the answer to question 2a is affirmative, what requirements must lawful residence meet? |
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2b.

If the answer to question 2a is affirmative, what requirements must lawful residence meet?

| 3. | If the answer to question 2a is affirmative, may the executing Member State lay down, in addition to a requirement concerning the duration of lawful residence, supplementary administrative requirements, such as possession of a permanent residence permit? |
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3.

If the answer to question 2a is affirmative, may the executing Member State lay down, in addition to a requirement concerning the duration of lawful residence, supplementary administrative requirements, such as possession of a permanent residence permit?

| 4. | Does a national measure specifying the conditions under which a European arrest warrant issued with a view to the enforcement of a custodial sentence is rejected by the judicial authority of the executing Member State come within the (material) scope of the EC Treaty? |
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4.

Does a national measure specifying the conditions under which a European arrest warrant issued with a view to the enforcement of a custodial sentence is rejected by the judicial authority of the executing Member State come within the (material) scope of the EC Treaty?

| 5. | Given that:






  — | Article 6(2) and (5) OLW (2) lays down rules affording persons who do not have Netherlands nationality, but are in possession of a permanent Netherlands residence permit, equal treatment with Netherlands nationals
  and |
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5.

Given that:

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Article 6(2) and (5) OLW (2) lays down rules affording persons who do not have Netherlands nationality, but are in possession of a permanent Netherlands residence permit, equal treatment with Netherlands nationals

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and

| — | those rules require refusal to surrender such classes of persons if the EAW concerns the enforcement of an irreversible custodial sentence, |
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those rules require refusal to surrender such classes of persons if the EAW concerns the enforcement of an irreversible custodial sentence,

does Article 6(2) and (5) OLW result in discrimination prohibited by Article 12 EC, in that the aforementioned equal treatment does not apply equally to nationals of other Member States with a right of residence under Article 18(1) EC who will not forfeit that right of residence as a result of the imposition on them of an irreversible custodial sentence, but who are not in possession of a permanent Netherlands residence permit?

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(1)  Council Framework Decision 2002/584/JHA 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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(2)  Overleveringswet (Staatsblad 2004, 195, as subsequently amended).

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