Request for a preliminary ruling from the Rechtbank Amsterdam (Netherlands) lodged on 28 September 2017 — Openbaar Ministerie v Daniel Adam Popławski

(Case C-573/17)

Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: Openbaar Ministerie

Defendant: Daniel Adam Popławski

Questions referred

If the executing judicial authority cannot interpret the national provisions implementing a framework decision in such a way that their application leads to an outcome in conformity with the framework decision, must it then, in accordance with the principle of primacy, disapply those national provisions not in conformity with that framework decision?

Does a declaration of a Member State within the meaning of Article 28(2) of Framework Decision 2008/909/JHA ¹ that it did not make ‘on the adoption of this Framework Decision’, but at a later date, have legal effect?

____________

¹ Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27).