The case concerned a prosecution European Arrest Warrant issued by the District Court of Hechingen, Germany, for several alleged offences of computer fraud committed in Germany, including in an organised form. The requested person challenged the surrender decision, arguing that the Italian Court of Appeal had failed to examine possible Italian jurisdiction over the facts and the related optional refusal ground, and had also failed to rule on his request to serve any future custodial sentence in Italy. The Italian Supreme Court held that the territorial-jurisdiction objection under Article 18-bis of Law No. 69/2005 was inadmissible because it had not been raised before the Court of Appeal and, in any event, required proof that Italian jurisdiction had already been effectively exercised over the same offence when the EAW was received. However, the Court found that the Court of Appeal had omitted to rule on the requested person’s express request, as an Italian citizen, that any sentence imposed in Germany be served in Italy under Article 19(2) of Law No. 69/2005. Since formal Italian citizenship was sufficient and no further factual assessment was required, the Supreme Court directly made surrender conditional on the requested person’s return to Italy to serve any sentence imposed in Germany, dismissing the appeal in all other respects.

The Court of Appeal may rely on the guarantees provided by the issuing State, which clarified that the requested person: (a) will receive medical assistance within the penitentiary facility; (b) may, if necessary, be permanently admitted to the prison infirmary; (c) will be provided with pharmacological treatment and psychological support; and (d) may, if necessary, be placed in a cell under video surveillance. The Court also drew the requesting State’s attention to the need to put in place effective safeguards and monitoring measures to protect the requested person’s health, including by considering the possibility of alternatives to custodial detention.