A Maltese national who is facing extradition charges to Lithuania filed a court application before the First Hall of the Civil Court arguing that the local courts failed to seek preliminary ruling from the European Court of Justice.
The application was filed against the Prime Minister, Minister for Justice and the Attorney General. The accused is arguing that in its sentence, the Criminal Court of Appeal failed to refer the case of Angelo Spiteri to the European Court of Justice.
Angelo Spiteri is facing extradition charges to Lithuania due to alleged fraud of his travel company, named “Atostogi sandèlis”. He is registered as the director and has been accused of deliberately failing to provide the services for which he had already received payment for. If found guilty of the 4 charges brought against him in Lithuania, Mr Spiteri could be facing 17 years in prison.
The defence has asked for a preliminary ruling by the Court of Justice. Preliminary ruling is a procedure listed in the Treaty for the Functioning of the European Union by which national courts can ask for an interpretation by the European court on specific points in European law.
In its sentence, the court of appeal turned down the defence request as the accused can refer to other legal remedies which fall under Extradition Law. Therefore, the court argued, that there is no need to have this case referred to the European Court.
But the defence is contesting this argument insisting that there is no ulterior appeal to be made in front of the Court of Criminal Appeal. Therefore, if there is no more possibility of appeal, the court is obliged to follow the European Treaty and uphold the preliminary ruling by the European Court.
This is the first time that a Maltese individual is suing the state for damages because the Maltese court failed to observe laws set in the European Treaty.
Spiteri still has a constitutional case pending.
The court application was filed by lawyers Jason Azzopardi, Kris Busietta, Patrick Valentino and Professor Ivan Sammut.