Italy – Germany

๐Ÿ‡ฎ๐Ÿ‡น Italy โ†’ ๐Ÿ‡ฉ๐Ÿ‡ช Germany

Bilateral Information
Applicable Treaties
European Arrest Warrant - Law no. 69/2005 - Provisions to bring domestic law into conformity with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
EAW, surrender of the sought person and interest in filing an appeal for unlawful detention
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Summary
The surrender of the requested person to the requesting State renders inadmissible, for supervening lack of interest, any appeal lodged by that person against the order rejecting the request for revocation or for a declaration of ineffectiveness of the coercive precautionary measure imposed in the same proceedings. As regards the relationship with unlawful detention, an interest in challenging a personal precautionary measure after its termination can be recognised only where a specific issue is expressly raised as to whether the conditions for that remedy are met. Accordingly, such a challenge cannot be pursued in relation to a precautionary measure in respect of which the finding that the conditions for surrender were satisfied โ€” a finding not contested on appeal โ€” has been embodied in an order that has since become final.
29/04/2026 ยท Italian Supreme Court ยท 15857/2026
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ฉ๐Ÿ‡ชGermany
Unlawful DetentionEAW