Belgium

The case concerned an execution European Arrest Warrant issued by Belgium for the enforcement of a custodial sentence. The requested person had not appeared in person at the Belgian proceedings, but the EAW stated that he had chosen domicile at his lawyer’s office and that the lawyer had appeared at three hearings and actually conducted the defence. Relying on the Khuzdar and Höldermann judgments, the District Court of Amsterdam held that article 12(b) OLW was satisfied, since a summons or notice served on a lawyer authorised to conduct the defence and designated to receive service may amount to notification to the requested person. The Court also held that, although the requested person had Dutch nationality, he had expressly declined to rely on the optional refusal ground under article 6a OLW, so the Court did not examine whether surrender could be refused on social reintegration grounds. Finally, an individual detention guarantee concerning detention conditions in Belgium was provided and found sufficient, and surrender was allowed.