A judgment rejecting an extradition request — even where such rejection follows the mere withdrawal of the request by the requesting State — precludes the adoption of a subsequent decision granting extradition following the submission by the same State of a new request concerning the same facts. On the contrary, a decision of a purely procedural nature (such as one based on the absence of the requested person from the national territory) is not capable of producing the preclusive effect. Accordingly, even if the sought person is no longer present within Italian territory, the person has an interest in obtaining a decision on the merits rather than a merely procedural ruling. However, if the Court has already obtained and deemed adequate the assurances requested from the requesting State, it may no longer issue a judgment rejecting the extradition request on the merits, but only a decision of “no grounds to proceed”.

In extradition proceedings, the so-called "Petruhhin mechanism", although applicable during the pretrial phase, always requires citizenship of an EU Member State: this mechanism, actually, does not apply indiscriminately, but only to the benefit of persons for whom the provisions of the Treaty on European Union (TEU) regarding Union citizenship and Article 18 of the Treaty on the Functioning of the European Union (TFEU) give rise to the applicability of the Treaties