In the context of a European Arrest Warrant, the requirement of double criminality is satisfied where the conduct is classified as an offence in both legal systems; any differences in the provisions concerning aggravating circumstances are irrelevant, provided that the nature and content of such circumstances do not alter the underlying facts, as are any discretionary assessments relating to possible grounds of non-punishability under domestic law.

In matters concerning the European Arrest Warrant, the requirement of double criminality is satisfied where the underlying conduct constitutes an offence in both legal systems. Any differences relating to aggravating circumstances are irrelevant, provided that the nature and content of such circumstances do not alter the essential elements of the offence. Likewise, discretionary assessments concerning possible grounds of non-punishability under domestic law are immaterial. In line with this principle, the Court held that the conduct of counterfeiting currency is also criminalised under Italian law and punishable by a maximum sentence of no less than twelve months. It therefore correctly excluded that the alleged “grossly crude forgery” could be assessed within its jurisdiction, as such evaluation pertains to the merits of the case and falls within the competence of the Austrian judicial authorities.