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Document 62016CN0452

Case C-452/16: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 16 August 2016 — Openbaar Ministerie v Krzystof Marek Poltorak

OJ C 383, 17.10.2016, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

17.10.2016   

EN

Official Journal of the European Union

C 383/7

Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 16 August 2016 — Openbaar Ministerie v Krzystof Marek Poltorak

(Case C-452/16)

(2016/C 383/09)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: Krzystof Marek Poltorak

Questions referred

1.

Are the expressions ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, (1) and ‘judicial decision’, within the meaning of Article 1(1) of Framework Decision 2002/584/JHA, autonomous terms of EU law?

2.

If the answer to Question 1 is in the affirmative: what are the criteria for determining whether an authority of the issuing Member State is such a ‘judicial authority’ and whether the EAW issued by it is consequently such a ‘judicial decision’?

3.

If the answer to Question 1 is in the affirmative: is the Swedish National Police Board covered by the term ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, and is the EAW issued by that authority consequently a ‘judicial decision’ within the meaning of Article 1(1) of Framework Decision 2002/584/JHA?

4.

If the answer to Question 1 is in the negative: is the designation of a national police authority, such as the Swedish National Police Board, as the issuing judicial authority in conformity with EU law?

(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).

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