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Case C-391/24, Nolgers: Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel (Belgium) lodged on 4 June 2024 – Criminal proceedings against LZ
ECLI:EU:UNKNOWN:62024CN0391
62024CN0391
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Official Journal of the European Union
EN
C series
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C/2024/5599
30.9.2024
(Case C-391/24, Nolgers)
(C/2024/5599)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Other party: Openbaar Ministerie
Questions referred
1.Is Framework Decision 2008/947/JHA to be interpreted as meaning that if, in the context of the ‘making available’ of a convicted person to the sentencing court (terbeschikkingstelling), Belgium delivers a judgment granting the convicted person supervised release with special conditions, and that judgment is forwarded by the competent Belgian authority, together with the certificate referred to in the Framework Decision, to the competent authority in the Netherlands, the Netherlands must recognise and enforce that judgment by, inter alia, monitoring compliance with the special conditions, while taking into account the fact that the convicted person holds Netherlands nationality and wishes to return to the Netherlands?
2.Does this also apply when a special condition is imposed requiring the convicted person to undergo inpatient treatment in the Netherlands for his sexual problems and to be transferred from prison to a closed institution in the Netherlands?
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ 2008 L 337, p. 102).
ELI: http://data.europa.eu/eli/C/2024/5599/oj
ISSN 1977-091X (electronic edition)
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