Where there is a potential overlap between the charges forming the basis of a European Arrest Warrant and the provisional charges brought in criminal proceedings pending in Italy, the Court is required to assess the applicability of the optional ground for refusal set out in Article 18-bis of Law No. 69/2005. Under this provision, surrender may be refused where criminal proceedings are pending in Italy in respect of the same facts underlying the European Arrest Warrant. In the case at hand, the Court of Appeal essentially failed to ascertain whether this condition was met, having merely stated that the predicate offences were different, without carrying out any specific assessment in relation to the offence of criminal association. In so doing, it breached Article 18-bis, which—according to settled case law—requires the Court of Appeal, where the request for surrender concerns acts committed in part within the national territory, to verify both the identity of the facts and whether criminal proceedings are already pending in Italy in respect of the conduct underlying the European Arrest Warrant.