CELEX: 62015CB0463
Language: en
Date: 2015-09-25 00:00:00
Title: Case C-463/15 PPU: Order of the Court of 25 September 2015 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Openbaar Ministerie v A. (Reference for a preliminary ruling — Urgent preliminary-ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(4) and Article 4.1 — Conditions of execution — National criminal law making the execution of a European arrest warrant subject to, in addition to double criminality, the condition that the criminal act is punishable by a custodial sentence or a detention order for a maximum period of at least 12 months under the law of the executing Member State)

1.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/20
            
         Order of the Court of 25 September 2015 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Openbaar Ministerie v A.
   (Case C-463/15 PPU) (1)
   
   ((Reference for a preliminary ruling - Urgent preliminary-ruling procedure - Article 99 of the Rules of Procedure of the Court of Justice - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Article 2(4) and Article 4.1 - Conditions of execution - National criminal law making the execution of a European arrest warrant subject to, in addition to double criminality, the condition that the criminal act is punishable by a custodial sentence or a detention order for a maximum period of at least 12 months under the law of the executing Member State))
   (2016/C 038/29)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Openbaar Ministerie
   
      Defendant: A.
   
      Operative part of the order
   
   Article 2(4) and Article 4.1 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as precluding a situation in which surrender pursuant to a European arrest warrant is subject, in the executing Member State, not only to the condition that the act for which the arrest warrant was issued constitutes an offence under the law of that Member State, but also to the condition that it is, under that same law, punishable by a custodial sentence of a maximum of at least twelve months.
   
      (1)  OJ C 363, 3.11.2015.