Case C-573/17: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 28 September 2017 — Openbaar Ministerie v Daniel Adam Popławski
Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 28 September 2017 — Openbaar Ministerie v Daniel Adam Popławski
(Case C-573/17)
2017/C 412/27Language of the case: DutchReferring court
Rechtbank Amsterdam
Parties to the main proceedings
Applicant: Openbaar Ministerie
Defendant: Daniel Adam Popławski
Questions referred
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1. |
If the executing judicial authority cannot interpret the national provisions implementing a framework decision in such a way that their application leads to an outcome in conformity with the framework decision, must it then, in accordance with the principle of primacy, disapply those national provisions not in conformity with that framework decision? |
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2. |
Does a declaration of a Member State within the meaning of Article 28(2) of Framework Decision 2008/909/JHA ( 1 ) that it did not make ‘on the adoption of this Framework Decision’, but at a later date, have legal effect? |
( 1 ) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27).