The Regional Court of Berlin refers the extradition of an Italian citizen from Germany to the United States for cartel charges to the European Court of Justice (Romano Pisciotti)

On 18 March 2016, the Regional Court of Berlin (RC Berlin) in Romano Pisciotti v. Federal Republic of Germany referred four questions to the European Court of Justice to seek guidance on whether Mr Pisciotti could argue that he had suffered discrimination and claim compensation from the German government.

The RC Berlin suggested that the German government may have breached the principle of non-discrimination (as set out in Article 18 of the Treaty on the Functioning of the

European Union, TFEU), by extraditing to the United States (U.S.) an Italian citizen transiting through Germany, despite the fact that the German Constitution prevents German citizens from being extradited to any foreign country. The forthcoming Court of Justice preliminary ruling will determine whether EU Member States can extradite nationals of other Member States to non-EU jurisdictions such as the U.S. while refusing extradition of their own citizens. It will also greatly affect the role of extradition as a deterrent in the fight against global cartels.

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