Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 6 November 2015 — Openbaar Ministerie v Daniel Adam Popławski

(Case C-579/15)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: Daniel Adam Popławski

Questions referred

1.    May a Member State transpose Article 4(6) of Framework Decision 2002/584/JHA  in its national law in such a way that:

its executing judicial authority is, without more, obliged to refuse surrender, for purposes of executing a sen

nvention, and (3) the cooperation of the issuing Member State by, for example, making a request to that effect,with the result that there is a risk that,

following refusal of surrender for purposes of executing the sentence, the executing Member State cannot take over execution of that sentence, while that risk does not affect the obligation to refuse surrender for purposes of executing the sentence?2.    If the answer to Question 1 is in the negative:(a)    Can the national courts apply the provisions of Framework Decision 2002/584/JHA directly even though, under Article 9 of Protocol (No 36) on transitional provisions

, the legal effects of that Framework Decision are preserved after the entry into force of the Treaty of Lisbon until that Framework Decision is repealed, annulled or amended?(b)    If so, is Article 4(6) of Framework Decision 2002/584/JHA sufficiently precise and unconditional to be applied by

the national courts?3.    If the answers to Question

s 1 and 2(b) are in the negative: may a Member State whose national law requires that the taking-over of the execution of the foreign custodial sentence must be based on an appropriate treaty or convention transpose Article 4(6) of Framework Decision 2002/584/JHA in its national law in such a way that Article 4(6) of Framework Decision 2002/5

84/JHA itself provides the required conventional basis, in order to avoid the risk of impunity associated with the national requirement of

a conventional basis (see Question 1)?4.    If the answers to Questions 1 and 2(b) are in the negative: may a Member State transpose Article 4(6) of Framework Decision 2002/584/JHA in its national law in such a way that:for refusal of surrender for purposes of executing a sentence in respect of a resident of the executing Member State who is a national of another Member State, it sets the condition that the executing Member State must have jurisdiction in respect of the offences cited in the EAW [European arrest warrant] and that there must be no

actual obstacles in the way of a (possible) criminal prosecution in the executing Member State of that resident in respect of those offences (such as the refusal by the issuing Me

mber State to hand over the case-file to the executing Member State),whereas it does not set such a condition for refusal of surrender for purposes of executing a sentence in respect of a national of the executing Member State?

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¹ 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).