The requested person was arrested in Italy on the basis of a European Arrest Warrant issued by the Czech Republic for the execution of a six-year prison sentence concerning several property-related offences and a driving offence. The Court noted that one of the underlying conducts did not appear to satisfy double criminality under Italian law and that one offence had already been covered by an earlier 2020 surrender from Italy to the Czech Republic, without any apparent waiver of the principle of speciality or subsequent request for extension of surrender. It therefore requested further information from the Czech authorities concerning the EAW, the exact sentence to be served, the duration of pre-trial detention and the possible waiver of speciality. Although the arrest was validated, the Court ordered the requested person’s immediate release, finding no concrete flight risk in light of her Italian citizenship, long-standing residence, family and employment ties in Italy and the fact that she had not absconded after becoming aware of the Czech judgment.

EAW: following the amendments introduced to Article 18-bis of Law No. 69 of 22 April 2005 by Article 18-bis of Decree-Law No. 69 of 13 June 2023, the Court of Appeal, in order to verify the requested person’s stable integration within the national territory as a ground for refusing surrender, is required - on pain of nullity - to indicate the specific statutory indicators and the relevant assessment criteria provided by that provision; accordingly, the failure to assess even one of such indicators amounts to a violation of law, subject to review by the Supreme Court .