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Case C-452/16: Judgment of the Court (Fourth Chamber) of 10 November 2016 (request for a preliminary ruling from the rechtbank Amsterdam — Netherlands) — Execution of a European arrest warrant issued against Krzystof Marek Poltorak (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Rikspolisstyrelsen (National Police Board, Sweden) with a view to executing a custodial sentence)
ECLI:EU:UNKNOWN:62016CA0452
62016CA0452
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Official Journal of the European Union
C 14/16
(Case C-452/16) (*)
((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 1(1) - Concept of ‘judicial decision’ - Article 6(1) - Concept of ‘issuing judicial authority’ - European arrest warrant issued by the Rikspolisstyrelsen (National Police Board, Sweden) with a view to executing a custodial sentence))
(2017/C 014/20)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Operative part of the judgment
The term ‘judicial authority’, within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, is an autonomous concept of EU law and that provision must be interpreted as meaning that a police service, such as the Rikspolisstyrelsen (National Police Board, Sweden), is not covered by the term ‘issuing judicial authority’, within the meaning of the same Article 6(1), meaning that the European arrest warrant issued by that police service with a view to executing a judgment imposing a custodial sentence cannot be regarded as a ‘judicial decision’, within the meaning of Article 1(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299.
(*)
OJ C 383, 17.10.2016.