Wolzenburg

Netherlands legislation may provide for different treatment of Netherlands nationals and nationals of other Member States with regard to execution of a European arrest warrant

Article 12 EC (the principle of non-discrimination) does not preclude the legislation of a Member State of execution under which the competent judicial authority of that State is to refuse to execute a European arrest warrant issued against one of its nationals with a view to the enforcement of a custodial sentence, whilst such a refusal is, in the case of a national of another Member State having a right of residence as a citizen of the Union, subject to the condition that the person has lawfully resided for a continuous period of five years in that Member State of execution.