17.10.2016

Official Journal of the European Union

C 383/8

Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 2 September 2016 — Openbaar Ministerie v Ruslanas Kovalkovas

(Case C-477/16)

(2016/C 383/11)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: Ruslanas Kovalkovas

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 Stateis is such a ‘judicial authority’ and whether the EAW issued by it is consequently such a ‘judicial decision’?

If the answer to Question 1 is in the affirmative: is the Ministry of Justice of the Republic of Lithuania 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 an authority such as the Ministry of Justice of the Republic of Lithuania as the issuing judicial authority in conformity with EU law?

(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).