Answer given by Mrs Reding on behalf of the Commission
Within the scope of application of the Treaties, any discrimination on grounds of nationality shall be prohibited. It is in this regard settled case-law that the principle of non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way.
The Treaty between the Federal Republic of Germany and the United States of America concerning extradition states that the contracting parties shall not be bound to extradite their own nationals subject to certain discretion for their authorities and provided their law does not so preclude.
The question arises as to whether this should also apply to other EU Citizens.
The Commission services are currently examining Mr Pisciotti's complaint against Germany which he introduced with the Commission directly in relation to the question whether this matter falls within the scope of the application of the Treaties, against the background that the European Union is bound by the 2003 Agreement on extradition between the EU and the US. This requires consultation and coordination with several different Commission departments. He will be informed directly of the outcome when finalised.