Questione giuridica chiave
Whether the appellant could again invoke prescription of the extradition offenses before Swiss authorities.
Decisione estratta
No. The Court held that the issue had already been addressed and could not be reopened in this stage; in any event, there was no reason to re-examine it with the requesting state before temporary surrender to Italy.
Motivazione estratta
The new filing was essentially an attempt to revisit the earlier final judgment of 28 November 2005. Given the temporary extradition for the Milan hearing and the need for procedural speed, the appellant could raise prescription fully before the Italian courts, with Italian law and the ECHR safeguards.