Germany Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Germany — Requested and Requesting State
Connected jurisdictions
Key Resources
Case Law
EAW, surrender of the sought person and interest in filing an appeal for unlawful detention
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Summary
The surrender of the requested person to the requesting State renders inadmissible, for supervening lack of interest, any appeal lodged by that person against the order rejecting the request for revocation or for a declaration of ineffectiveness of the coercive precautionary measure imposed in the same proceedings. As regards the relationship with unlawful detention, an interest in challenging a personal precautionary measure after its termination can be recognised only where a specific issue is expressly raised as to whether the conditions for that remedy are met. Accordingly, such a challenge cannot be pursued in relation to a precautionary measure in respect of which the finding that the conditions for surrender were satisfied — a finding not contested on appeal — has been embodied in an order that has since become final.
29/04/2026 · Italian Supreme Court · 15857/2026
🇮🇹Italy → 🇩🇪Germany
Unlawful DetentionEAWCountry 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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