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For the configurability of the ground for refusal of surrender based on the hypothesis of “international lis pendens”, it is necessary that the criminal fact forming the subject of the European arrest warrant corresponds to the same historical event for which proceedings are pending in Italy, taking into account the spatial, temporal and modal profiles of the facts, regardless of the legal classification given to them by the different authorities. The Court of Appeal of Rome did not make proper application of these principles, as it apodictically affirmed the diversity of the fact underlying the European arrest warrant from that still pending before the Public Prosecutor’s Office of Reggio Calabria and which has been the subject of a request for dismissal. The Court of Appeal, in fact, did not carry out any specific comparison between the alleged conducts in the different proceedings in their historical-naturalistic elements and with regard to the circumstances of time, place and person, as described in the measures in the case file. Where the fact is the same, the Court of Appeal must also give reasons, in light of the optional nature of the ground for refusal under Article 18-bis, paragraph 1, of Law No. 69 of 2005, as to the reasons which, in the specific case, may justify the refusal of surrender or its execution.