21.8.2017

Official Journal of the European Union

C 277/24

(Case C-271/17)

(2017/C 277/35)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: Sławomir Andrzej Zdziaszek

Questions referred

1.Are proceedings

—in which the court in the issuing Member State decides to combine separate custodial sentences which had previously been imposed on the person concerned by a final judgment into one single custodial sentence, and/or to change an aggregate custodial sentence which had previously been imposed on the person concerned by a final judgment and

—in which that court no longer examines the question of guilt,

such as the proceedings which led to the cumulative sentence of 25 March 2014, a ‘trial resulting in the decision’ as referred to in the introductory subparagraph of Article 4a(1) of Framework Decision 2002/584/JHA? (1)

2.Can the executing judicial authority:

—in a case where the requested person did not appear in person at the trial resulting in the decision,

—but where the issuing judicial authority has not, either in the EAW [European Arrest Warrant] or in the supplementary information requested pursuant to Article 15(2) of Framework Decision 2002/584/JHA, provided information about the applicability of one or more of the circumstances referred to in subparagraphs (a) to (d) of Article 4a(1) of Framework Decision 2002/584/JHA, in accordance with the wording of one or more of the categories of point 3 of paragraph (d) of the EAW form,

for those very reasons conclude that none of the conditions of Article 4a(1)(a) to (d) of Framework Decision 2002/584/JHA has been satisfied and for those very reasons refuse to execute the EAW?

3.Are appeal proceedings

—in which there has been an examination of the merits and

—which resulted in the passing of a (new) sentence on the person concerned and/or the confirmation of the sentence handed down at first instance,

—where the EAW concerns the execution of that sentence,

the ‘trial resulting in the decision’ as referred to in Article 4a(1) of Framework Decision 2002/584/JHA?

(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).