Judgment of the Court (First Chamber) of 6 December 2018.
IK.
Request for a preliminary ruling from Hof van Cassatie.
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.
Case C-551/18 PPU. (2018)
Language: English

In those circumstances, the Hof van Cassatie (Court of Cassation) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
‘(1)
Must Article 8(1)(f) of [Framework Decision 2002/584] be interpreted as meaning that it is sufficient that, in a European arrest warrant, the issuing judicial authority mentions only the presently enforceable custodial sentence imposed and thus not an additional sentence imposed for the same offence by the same judicial decision, such as conditional release, which will give rise to actual deprivation of liberty only after the execution of the main custodial sentence and only after an express decision to that effect is taken by the [strafuitvoeringsrechtbank (Court for the enforcement of custodial sentences)]?
(2)
If Question 1 is answered in the affirmative, must Article 8(1)(f) of [Framework Decision 2002/584] be interpreted as meaning that the surrender by the Member State of the issuing judicial authority on the basis of a European arrest warrant that refers only to the presently enforceable custodial sentence imposed and thus not to the additional sentence of conditional release imposed, which has been imposed for the same offence by the same judicial decision, has the result that actual deprivation of liberty in execution of that additional sentence may be effected in the Member State of the issuing judicial authority?
(3)
If Question 1 is answered in the negative, must Article 8(1)(f) of [Framework Decision 2002/584] be interpreted as meaning that the issuing judicial authority’s failure to mention, in a European arrest warrant, the additional sentence of conditional release which was imposed has the result that the conditional release imposed, of which the executing judicial authority can be assumed not to have any knowledge, cannot give rise to actual deprivation of liberty in the issuing Member State?’

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