Where the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order, its execution may be refused where the person concerned did not appear in person at the trial at which the sentence or detention order was imposed unless, according to the information entered by the issuing Member State in the European arrest warrant, he is in one of the following cases:
1° He was informed in accordance with the law and effectively, unequivocally, in good time, by summons or by any other means, of the date and place fixed for the trial and of the possibility that a decision may be handed down against him in the event of his failure to appear;
2° Having been informed of the date and place of the trial, he was defended during the trial by a counsel, appointed either by himself or at the request of the public authority, to whom he had given a mandate for that purpose;
3° Having been served with the decision and having been expressly informed of his right to appeal against it in order to obtain a new examination of the merits of the case, in his presence, by a court with the power to take a decision annulling the initial decision or replacing it, he expressly indicated that he did not contest the initial decision or did not exercise the appeal available to him within the time allowed ;
4° The decision of which he or she has not been served must be served on him or her as soon as it is handed over, at which time he or she is also informed of the possibility of exercising the appeal provided for in 3° and of the time limit allowed for exercising it.