3.1.2022   

EN

Official Journal of the European Union

C 2/19


Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 14 September 2021 — European arrest warrant issued against X, Other party to the proceedings: Openbaar Ministerie

(Case C-562/21)

(2022/C 2/23)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

European arrest warrant issued against: X

Other party to the proceedings: Openbaar Ministerie

Question referred

What test should an executing judicial authority apply when deciding whether to execute an EAW for the purpose of executing a final custodial sentence or detention order when examining whether, in the issuing Member State, the trial resulting in the conviction was conducted in breach of the right to a tribunal previously established by law, where no effective remedy was available in that Member State for any breach of that right?