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Case C-627/19: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 22 August 2019 — Openbaar Ministerie v ZB

ECLI:EU:UNKNOWN:62019CN0627

62019CN0627

August 22, 2019
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11.11.2019

Official Journal of the European Union

C 383/45

(Case C-627/19)

(2019/C 383/54)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: ZB

Question referred

In the case where an EAW seeks the enforcement of a custodial sentence imposed by an enforceable decision of a judge or court, whereas the EAW has been issued by a Public Prosecutor who participates in the administration of justice in the issuing Member State, and there is a guarantee that he acts independently in the execution of those of his responsibilities which are inherent in the issuing of a European arrest warrant, does the condition also apply that there must be a possibility of instituting court proceedings against the decision to issue an EAW — in particular its proportionality — which meet in full the requirements inherent in effective judicial protection?

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