CELEX: 62016CN0452
Language: en
Date: 2016-08-16 00:00:00
Title: Case C-452/16: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 16 August 2016 — Openbaar Ministerie v Krzystof Marek Poltorak

17.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/7
            
         Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 16 August 2016 — Openbaar Ministerie v Krzystof Marek Poltorak
   (Case C-452/16)
   (2016/C 383/09)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Openbaar Ministerie
   
      Defendant: Krzystof Marek Poltorak
   
      Questions referred
   
   
               1.
            
            
               Are the expressions ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, (1) and ‘judicial decision’, within the meaning of Article 1(1) of Framework Decision 2002/584/JHA, autonomous terms of EU law?
            
         
               2.
            
            
               If the answer to Question 1 is in the affirmative: what are the criteria for determining whether an authority of the issuing Member State is such a ‘judicial authority’ and whether the EAW issued by it is consequently such a ‘judicial decision’?
            
         
               3.
            
            
               If the answer to Question 1 is in the affirmative: is the Swedish National Police Board covered by the term ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, and is the EAW issued by that authority consequently a ‘judicial decision’ within the meaning of Article 1(1) of Framework Decision 2002/584/JHA?
            
         
               4.
            
            
               If the answer to Question 1 is in the negative: is the designation of a national police authority, such as the Swedish National Police Board, as the issuing judicial authority in conformity with EU law?
            
         
      (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).