Germany Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Germany — Requested and Requesting State
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Case Law
EAW to Germany: surrender conditional on return to Italy for sentence execution
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Summary
The case concerned a prosecution European Arrest Warrant issued by the District Court of Hechingen, Germany, for several alleged offences of computer fraud committed in Germany, including in an organised form. The requested person challenged the surrender decision, arguing that the Italian Court of Appeal had failed to examine possible Italian jurisdiction over the facts and the related optional refusal ground, and had also failed to rule on his request to serve any future custodial sentence in Italy. The Italian Supreme Court held that the territorial-jurisdiction objection under Article 18-bis of Law No. 69/2005 was inadmissible because it had not been raised before the Court of Appeal and, in any event, required proof that Italian jurisdiction had already been effectively exercised over the same offence when the EAW was received. However, the Court found that the Court of Appeal had omitted to rule on the requested person’s express request, as an Italian citizen, that any sentence imposed in Germany be served in Italy under Article 19(2) of Law No. 69/2005. Since formal Italian citizenship was sufficient and no further factual assessment was required, the Supreme Court directly made surrender conditional on the requested person’s return to Italy to serve any sentence imposed in Germany, dismissing the appeal in all other respects.
22/05/2026 · Italian Supreme Court · 18798/2026
🇮🇹Italy → 🇩🇪Germany
Granted with conditionsEAWFinal discontinuance in another EU Member State bars extradition to a third country for the same acts under ne bis in idem
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Summary
The United States sought the extradition of a Danish national for fraud, money laundering and related offences concerning the alleged misuse of research funds. The Court held that extradition was inadmissible for counts 2–4 and 6–13 because the same acts had already been the subject of a final and binding discontinuance of criminal proceedings in Denmark; the transnational ne bis in idem principle under Article 50 of the Charter and Article 54 CISA also applies to final non-judicial prosecutorial decisions. Extradition remained admissible for counts 1, 5 and 14–22 because double criminality was satisfied, prosecution was not time-barred under US law, and the United States had provided reliable assurances that the principle of speciality would be respected. The Court also rejected objections based on alleged political motivation, fair-trial risks, sentence severity, detention conditions and the absence of a return-transfer assurance. Continued extradition detention was ordered on the basis of flight risk.
13/01/2026 · Higher Regional Court of Munich · 1 OAus 167/25, BeckRS 2026, 12515
🇩🇪Germany → 🇺🇸United States
Granted with conditionsExtraditionEAW to Italy and detention conditions: Munich court suspends surrender proceedings pending guarantees
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Summary
The Higher Regional Court of Munich reconsidered the admissibility of the surrender of a requested person to Italy following additional submissions alleging deteriorating prison conditions in Italian detention facilities. The defence relied on NGO reports, articles concerning prison overcrowding, and photographs allegedly showing injuries caused by bedbug infestations during a prior detention in Italy, arguing that surrender would expose the requested person to a real risk of inhuman or degrading treatment contrary to Art. 4 of the EU Charter. While the court initially considered the allegations insufficiently substantiated, it held that the new submissions raised at least plausible concerns requiring further clarification. The court therefore postponed the execution of the surrender and ordered the German prosecution authorities to obtain binding assurances from the Italian authorities regarding minimum personal space, hygiene standards, medical care, and the absence of insect infestations in the detention facility where the requested person would be held.
12/09/2025 · Higher Regional Court of Munich
🇩🇪Germany → 🇮🇹Italy
PendingExtraditionCountry 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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