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2017-8 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0394 and id is 1 raw text is: VRw Reports of Cases Case C-270/17 PPU Tadas Tupikas (Request for a preliminary ruling from the Rechtbank Amsterdam) (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Surrender procedures between Member States - Conditions for execution - Reasons for optional non-execution - Article 4a(1) introduced by Framework Decision 2009/299/JHA - Arrest warrant issued for the purpose of executing a custodial sentence or a detention order - 'Trial resulting in the decision' - Person concerned having appeared in person at first instance - Appeal proceedings involving a re-examination of the substance of the case - Arrest warrant providing no information making it possible to check whether the rights of the defence of the person convicted were upheld during the appeal proceedings) Summary - Judgment of the Court (Fifth Chamber), 10 August 2017 1. Judicial cooperation in criminal matters - Framework Decision on the European arrest warrant and the surrender procedures between Member States - Grounds for optional non-execution of the European arrest warrant Arrest warrant issued for the purpose of implementing a sentence handed down in absentia 'Trial resulting in the decision' - Independent and uniform interpretation (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 4a(1)) 2. Judicial cooperation in criminal matters - Framework Decision on the European arrest warrant and the surrender procedures between Member States - Grounds for optional non-execution of the European arrest warrant - Arrest warrant issued for the purpose of implementing a sentence handed down in absentia - Possibility of executing a warrant despite the circumstances falling within the grounds for optional non-execution - Conditions - No infringement of the interested party's rights of defence in the event of his surrender (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 4a(1)) 3. Judicial cooperation in criminal matters - Framework Decision on the European arrest warrant and the surrender procedures between Member States - Grounds for optional non-execution of the European arrest warrant - Arrest warrant issued to implement a sentence handed down in absentia - 'Trial resulting in the decision' - Appeal proceedings - Included - Conditions (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 4a (1)) 1. See the text of the decision. (see paras 65-67) ECLJ:EU:C:2017:6281 1

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