Germany Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Germany — Requested and Requesting State
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Case Law
Onward surrender refused for lack of judicial review of dutch consent
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Summary
Germany sought the onward surrender of a person who had previously been surrendered to Italy by the Netherlands and had not waived the protection afforded by the principle of speciality. The consent required under Article 28(3) of Framework Decision 2002/584/JHA had been issued by the Amsterdam Public Prosecutor. Following a remand by the Italian Court of Cassation, the Court established that Dutch law did not provide for any judicial appeal or review against the prosecutor’s consent. It therefore held that the consent did not satisfy the requirements governing onward surrender, refused surrender to Germany and revoked the custodial measure imposed for the execution of the EAW.
27 Lug 2026 · Court of Appeal of Rome
🇮🇹Italy → 🇩🇪Germany
GrantedEAWCountry Contributor
Sören Schomburg
Knauer Partnerschaft von Rechtsanwälten mbB
Partner at Knauer Partnerschaft von Rechtsanwälten mbB, Sören Schomburg advises national and international clients in the areas of commercial criminal law and tax criminal law, international criminal law, and extradition law. He has extensive experience in complex, frequently transnational internal investigations and with respect to search and seizure, especially raids involving data confiscation.
He defends clients throughout Germany, in Europe and before the European Court of Justice (ECJ), and against INTERPOL.
His longstanding experience and networking in these areas enable him to provide clearly targeted advice and defence strategies to clients. He represents national and international companies and their managers.
He has authored numerous specialist publications on commercial criminal law, on INTERPOL warrants, and on the European Arrest Warrant. In addition, he regularly holds lectures at legal conferences on topics related to international legal assistance in criminal matters and on INTERPOL.
After his studies at Humboldt-Universität in Berlin and King′s College in London, he completed his postgraduate legal clerkship at the German Federal Foreign Office and a law firm in Tokyo, among others, and worked at a leading law firm in the area of commercial criminal law. In 2011, he joined the law firm named Ufer Knauer at the time, where he was appointed partner in 2020.
In 2023, he joined forces with Prof. Christoph Knauer and Dr. Björn Boerger to found the law firm Knauer Partner.
Sören Schomburg advises clients in German, English, Danish, and French.
He defends clients throughout Germany, in Europe and before the European Court of Justice (ECJ), and against INTERPOL.
His longstanding experience and networking in these areas enable him to provide clearly targeted advice and defence strategies to clients. He represents national and international companies and their managers.
He has authored numerous specialist publications on commercial criminal law, on INTERPOL warrants, and on the European Arrest Warrant. In addition, he regularly holds lectures at legal conferences on topics related to international legal assistance in criminal matters and on INTERPOL.
After his studies at Humboldt-Universität in Berlin and King′s College in London, he completed his postgraduate legal clerkship at the German Federal Foreign Office and a law firm in Tokyo, among others, and worked at a leading law firm in the area of commercial criminal law. In 2011, he joined the law firm named Ufer Knauer at the time, where he was appointed partner in 2020.
In 2023, he joined forces with Prof. Christoph Knauer and Dr. Björn Boerger to found the law firm Knauer Partner.
Sören Schomburg advises clients in German, English, Danish, and French.
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