22.10.2018

Official Journal of the European Union

C 381/7

(Case C-492/18)

(2018/C 381/09)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: TC

Question referred

In a case in which:

—the executing Member State has transposed Article 17 of Framework Decision 2002/584/JHA (1) in such a way that the detention pending surrender of the requested person must in all cases be suspended once the 90-day period for taking a final decision on the execution of the European arrest warrant has expired and

—the courts of that Member State have interpreted domestic law as meaning that the decision period is suspended as soon as the executing judicial authority decides to refer a question to the Court of Justice for a preliminary ruling or to await the reply to a question referred for a preliminary ruling by another executing judicial authority or to postpone the decision on surrender owing to a real danger of inhuman or degrading detention conditions in the issuing Member State,

does the maintenance of the detention pending surrender of a requested person who represents a flight risk once that detention has continued for more than 90 days after that person’s arrest contravene Article 6 of the Charter of Fundamental Rights of the European Union?

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).

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(1) Language of the case: Dutch