The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other States involved in global cartels (Romano Pisciotti)

In its judgment of 10 April 2018, the CJEU decided that Germany did not infringe EU law by extraditing an Italian national to the United States. An EU Member State is not required to extend a prohibition on the extradition of its own nationals to all EU citizens, but before proceeding to extradition of a citizen of another Member State it is required to give that State the possibility of prosecuting its citizen for the same offence. This case also shows that EU citizens who have been involved in anticompetitive behaviour in the United States are potentially liable to be extradited to and imprisoned in the United States for their infringements of competition. Mr Pisciotti, an Italian national, had been accused in the United States of

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • Norton Rose Fulbright (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The EU Court of Justice finds that Member States are not required to extend a prohibition on extraditing their own nationals to citizens of other States involved in global cartels (Romano Pisciotti), 10 April 2018, e-Competitions Cooperation between National Competition Authorities, Art. N° 89679

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