Germany Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Germany — Requested and Requesting State
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Case Law
Deferral of surrender under an EAW requires a reasoned balancing of domestic and issuing-state interests
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Summary
The requested person was subject to two prosecutorial European Arrest Warrants issued by Germany and Austria for organised aggravated thefts, while criminal proceedings and the execution of a residual sentence were pending in Italy. The Italian Supreme Court held that the decision whether to defer surrender under Article 24 of Law No. 69/2005 requires a comparative assessment of the interests involved, taking into account factors such as the seriousness and date of the offences, the person’s custodial status, the stage and complexity of the proceedings, any final judgment, the sentence still to be served and the likely manner of its execution. It found that the Court of Appeal had adequately explained why the seriousness, organised nature and transnational dimension of the offences underlying the German and Austrian warrants outweighed the Italian interest in the domestic proceedings and sentence enforcement. The fact that the requested person was detained in Italy did not make deferral necessary, since flight risk is addressed through precautionary measures whereas the purpose of a prosecutorial EAW is to secure the person’s presence for trial.
02/07/2026 · Italian Supreme Court · 25023/2026
🇮🇹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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