CELEX: 62018CA0551
Language: en
Date: 2018-12-06 00:00:00
Title: Case C-551/18 PPU: Judgment of the Court (First Chamber) of 6 December 2018 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — Execution of a European arrest warrant issued against IK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention)

11.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/18
            
         
      Judgment of the Court (First Chamber) of 6 December 2018 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — Execution of a European arrest warrant issued against IK
      (Case C-551/18 PPU) (1)
      
      ((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant and the surrender procedures between Member States - European arrest warrant issued for the purposes of enforcing a custodial sentence - Substance and form - Article 8(1)(f) - Failure to refer to an additional sentence - Validity - Consequences - Effect on detention))
      (2019/C 93/24)
      Language of the case: Dutch
      
         Referring court
      
      Hof van Cassatie
      
         Party to the main proceedings
      
      IK
      
         Operative part of the judgment
      
      Article 8(1)(f) 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 meaning that failure to indicate, in the European arrest warrant pursuant to which the person concerned has been surrendered, an additional sentence of conditional release which was imposed on that person for the same offence in the same judicial decision as that relating to the main custodial sentence does not, on the facts of the case in the main proceedings, preclude the enforcement of that additional sentence, on the expiry of the main sentence after an express decision to that effect is taken by the national court with jurisdiction for the enforcement of sentences, from resulting in deprivation of liberty.
      
         (1)  OJ C 16, 14.1.2019.