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Case C-452/16: Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 16 August 2016 — Openbaar Ministerie v Krzystof Marek Poltorak
ECLI:EU:UNKNOWN:62016CN0452
62016CN0452
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Valentina R., lawyer
17.10.2016
Official Journal of the European Union
C 383/7
(Case C-452/16)
(2016/C 383/09)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Openbaar Ministerie
Defendant: Krzystof Marek Poltorak
Questions referred
1.Are the expressions ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, and ‘judicial decision’, within the meaning of Article 1(1) of Framework Decision 2002/584/JHA, autonomous terms of EU law?
2.If the answer to Question 1 is in the affirmative: what are the criteria for determining whether an authority of the issuing Member State is such a ‘judicial authority’ and whether the EAW issued by it is consequently such a ‘judicial decision’?
3.If the answer to Question 1 is in the affirmative: is the Swedish National Police Board covered by the term ‘judicial authority’, within the meaning of Article 6(1) of Framework Decision 2002/584/JHA, and is the EAW issued by that authority consequently a ‘judicial decision’ within the meaning of Article 1(1) of Framework Decision 2002/584/JHA?
4.If the answer to Question 1 is in the negative: is the designation of a national police authority, such as the Swedish National Police Board, as the issuing judicial authority in conformity with EU law?
* 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).
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