Germany Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Germany — Requested and Requesting State
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Case Law
Extradition of an EU citizen to the United States does not require an assurance of return for sentence enforcement
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Summary
The requested person, a Danish national, sought reconsideration of the decision declaring his extradition to the United States admissible for specified fraud and money-laundering charges. The Court held that the assurances provided by the United States sufficiently guaranteed compliance with the principle of speciality, including a directly enforceable right before US courts and the exclusion of any sentence enhancement based on charges for which extradition had been refused. It also found that double criminality was satisfied, that the promised detention conditions met the applicable human-rights standards, and that neither fair-trial concerns nor family-life considerations barred extradition. Applying the principles established in Pisciotti, the Court further held that EU law did not require a return-transfer assurance, since Denmark had declined to issue a European Arrest Warrant and the requested person had no relevant ties to Germany. The applications for reconsideration were therefore rejected and continued extradition detention was ordered.
19/02/2026 · Higher Regional Court of Munich · 1 OAus 167/25, BeckRS 2026, 12519
🇩🇪Germany → 🇺🇸United States
GrantedExtraditionCountry 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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