Italy – Germany
🇮🇹 Italy → 🇩🇪 Germany
24 cases found🇩🇪 ⇄ 🇮🇹
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.
Deferral of surrender under an EAW requires a reasoned balancing of domestic and issuing-state interests
✕
Summary
The requested person was subject to two prosecutorial European Arrest Warrants issued by Germany and Austria for organised aggravated thefts, while criminal proceedings and the execution of a residual sentence were pending in Italy. The Italian Supreme Court held that the decision whether to defer surrender under Article 24 of Law No. 69/2005 requires a comparative assessment of the interests involved, taking into account factors such as the seriousness and date of the offences, the person’s custodial status, the stage and complexity of the proceedings, any final judgment, the sentence still to be served and the likely manner of its execution. It found that the Court of Appeal had adequately explained why the seriousness, organised nature and transnational dimension of the offences underlying the German and Austrian warrants outweighed the Italian interest in the domestic proceedings and sentence enforcement. The fact that the requested person was detained in Italy did not make deferral necessary, since flight risk is addressed through precautionary measures whereas the purpose of a prosecutorial EAW is to secure the person’s presence for trial.
02/07/2026 · Italian Supreme Court · 25023/2026
🇮🇹Italy → 🇩🇪Germany
GrantedEAW