🇮🇹 Italy → 🇪🇸 Spain

The Italian courts ordered the surrender of the requested person to Spain under a prosecution European Arrest Warrant, subject to their return to Italy to serve any sentence or security measure eventually imposed, while criminal proceedings were also pending against them in Italy. The appellant challenged the refusal to defer surrender under Article 24 of Law No. 69/2005, arguing that the courts should have weighed the respective procedural interests of Italy and Spain and considered a temporary transfer. The Supreme Court of Cassation held that the decision whether to defer surrender involves exclusively the balancing of competing public interests of the two States and does not confer an enforceable subjective right on the requested person. Following the 2021 reform limiting EAW appeals before the Court of Cassation to questions of law, the appellant could not seek review of the Court of Appeal’s discretionary refusal to postpone surrender, and the appeal was therefore declared inadmissible.