CELEX: 62018CN0492
Language: en
Date: 2018-07-27 00:00:00
Title: Case C-492/18: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 27 July 2018 — Openbaar Ministerie v TC

22.10.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/7
            
         
      Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 27 July 2018 — Openbaar Ministerie v TC
      (Case C-492/18)
      (2018/C 381/09)
      Language of the case: Dutch
      
         Referring court
      
      Rechtbank Amsterdam
      
         Parties to the main proceedings
      
      
         Applicant: Openbaar Ministerie
      
         Defendant: TC
      
         Question referred
      
      In a case in which:
      
                  —
               
               
                  the executing Member State has transposed Article 17 of Framework Decision 2002/584/JHA (1) in such a way that the detention pending surrender of the requested person must in all cases be suspended once the 90-day period for taking a final decision on the execution of the European arrest warrant has expired and
               
            
                  —
               
               
                  the courts of that Member State have interpreted domestic law as meaning that the decision period is suspended as soon as the executing judicial authority decides to refer a question to the Court of Justice for a preliminary ruling or to await the reply to a question referred for a preliminary ruling by another executing judicial authority or to postpone the decision on surrender owing to a real danger of inhuman or degrading detention conditions in the issuing Member State,
               
            does the maintenance of the detention pending surrender of a requested person who represents a flight risk once that detention has continued for more than 90 days after that person’s arrest contravene Article 6 of the Charter of Fundamental Rights of the European Union?
      
         (1)  Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).