CELEX: 62017CA0571
Language: en
Date: 2017-12-22 00:00:00
Title: Case C-571/17 PPU: Judgment of the Court (Fifth Chamber) of 22 December 2017 (request for a preliminary ruling from the Rechtbank Amsterdam (District Court, Amsterdam) — Netherlands) — Execution of a European arrest warrant issued against Samet Ardic (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence — ‘Trial resulting in the decision’ — Scope — Person sentenced to a custodial sentence in final proceedings conducted in his presence — Execution of sentence subsequently suspended in part subject to certain conditions — Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions — Revocation proceedings conducted in the absence of the person concerned)

26.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/27
            
         Judgment of the Court (Fifth Chamber) of 22 December 2017 (request for a preliminary ruling from the Rechtbank Amsterdam (District Court, Amsterdam) — Netherlands) — Execution of a European arrest warrant issued against Samet Ardic
   (Case C-571/17 PPU) (1)
   
   ((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Surrender procedures between Member States - Conditions for execution - Grounds for optional non-execution - Article 4a(1) of Framework Decision 2009/299/JHA - Arrest warrant issued for the purpose of executing a custodial sentence - ‘Trial resulting in the decision’ - Scope - Person sentenced to a custodial sentence in final proceedings conducted in his presence - Execution of sentence subsequently suspended in part subject to certain conditions - Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions - Revocation proceedings conducted in the absence of the person concerned))
   (2018/C 072/35)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Samet Ardic
   
      Operative part of the judgment
   
   Where a party has appeared in person in criminal proceedings that result in a judicial decision which definitively finds him guilty of an offence and, as a consequence, imposes a custodial sentence the execution of which is subsequently suspended in part, subject to certain conditions, the concept of ‘trial resulting in the decision’, as referred to in Article 4a(1) of 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 not including subsequent proceedings in which that suspension is revoked on grounds of infringement of those conditions during the probationary period, provided that the revocation decision adopted at the end of those proceedings does not change the nature or the level of the sentence initially imposed.
   
      (1)  OJ C 402, 27.11.2017.