Italy – Greece
🇮🇹 Italy → 🇬🇷 Greece
6 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.
Surrender to Greece refused: issuing authority failed to provide required supporting information
✕
Summary
The case concerned a European Arrest Warrant issued by the Greek judicial authority for drug-related offences, including introduction, purchase, transport and possession of narcotic substances. The requested person had been arrested in Italy and placed under a coercive measure, later replaced by an obligation to reside in a specified municipality. The Court of Appeal of Bologna requested supplementary documentation from the Greek authorities, including the restrictive measure underlying the warrant, if different from the judgment already transmitted, and the report required under Italian EAW legislation, with particular reference to the sources of evidence. The Greek authorities replied that there were no further restrictive measures beyond the transmitted judgment and that the only source of evidence was the requested person’s failure to appear. The Court held that, despite its request, the required documentation under Articles 6, 16 and 17 of Law No. 69/2005 had not been provided. In particular, the issuing authority failed to transmit a sufficiently detailed report clarifying the facts and evidentiary elements supporting the warrant. The Court therefore refused surrender and declared the coercive measure ineffective.
10/07/2008 · Court of Appeal of Bologna · 2417/2008
🇮🇹Italy → 🇬🇷Greece
Rejected (procedural grounds)EAW