CELEX: 62017CN0271
Language: en
Date: 2017-05-18 00:00:00
Title: Case C-271/17: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 18 May 2017 — Openbaar Ministerie v Sławomir Andrzej Zdziaszek

21.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 277/24
            
         Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 18 May 2017 — Openbaar Ministerie v Sławomir Andrzej Zdziaszek
   (Case C-271/17)
   (2017/C 277/35)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Openbaar Ministerie
   
      Defendant: Sławomir Andrzej Zdziaszek
   
      Questions referred
   
   
               1.
            
            
               Are proceedings
               
                           —
                        
                        
                           in which the court in the issuing Member State decides to combine separate custodial sentences which had previously been imposed on the person concerned by a final judgment into one single custodial sentence, and/or to change an aggregate custodial sentence which had previously been imposed on the person concerned by a final judgment and
                        
                     
                           —
                        
                        
                           in which that court no longer examines the question of guilt,
                        
                     such as the proceedings which led to the cumulative sentence of 25 March 2014, a ‘trial resulting in the decision’ as referred to in the introductory subparagraph of Article 4a(1) of Framework Decision 2002/584/JHA? (1)
               
            
         
               2.
            
            
               Can the executing judicial authority:
               
                           —
                        
                        
                           in a case where the requested person did not appear in person at the trial resulting in the decision,
                        
                     
                           —
                        
                        
                           but where the issuing judicial authority has not, either in the EAW [European Arrest Warrant] or in the supplementary information requested pursuant to Article 15(2) of Framework Decision 2002/584/JHA, provided information about the applicability of one or more of the circumstances referred to in subparagraphs (a) to (d) of Article 4a(1) of Framework Decision 2002/584/JHA, in accordance with the wording of one or more of the categories of point 3 of paragraph (d) of the EAW form,
                        
                     for those very reasons conclude that none of the conditions of Article 4a(1)(a) to (d) of Framework Decision 2002/584/JHA has been satisfied and for those very reasons refuse to execute the EAW?
            
         
               3.
            
            
               Are appeal proceedings
               
                           —
                        
                        
                           in which there has been an examination of the merits and
                        
                     
                           —
                        
                        
                           which resulted in the passing of a (new) sentence on the person concerned and/or the confirmation of the sentence handed down at first instance,
                        
                     
                           —
                        
                        
                           where the EAW concerns the execution of that sentence,
                        
                     the ‘trial resulting in the decision’ as referred to in Article 4a(1) of Framework Decision 2002/584/JHA?
            
         
      (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).