28.1.2019   

EN

Official Journal of the European Union

C 35/12


Request for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 15 November 2018 — Procureur General, other party: X

(Case C-717/18)

(2019/C 35/15)

Language of the case: Dutch

Referring court

Hof van Beroep te Gent

Parties to the main proceedings

Applicant: Procureur-General

Other party: X

Questions referred

1.

Does Article 2(2) EAWFD, (1) as transposed into Belgian law by the Wet EAB, permit, for the purposes of the executing Member State’s assessment of the minimum maximum three year threshold imposed therein, recourse to be had to the criminal legislation that was applicable in the issuing Member State at the point in time at which the European arrest warrant was issued?

2.

Does Article 2(2) EAWFD, as transposed into Belgian law by the Wet EAB, permit, for the purposes of the executing Member State’s assessment of the minimum maximum three year threshold imposed therein, recourse to be had to criminal legislation, applicable at the point in time of the issue of the European arrest warrant, allowing for a more severe penalty, as compared to the criminal legislation that was applicable in the issuing Member State at the point in time the offences were committed?


(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).