Case Law & Commentary

News on Extradition Law

Selected decisions of the BGH, BVerfG, OLG and ECJ — commented from the extradition-law practice of attorney Andreas Meyer.

July 2026

ECJ · C-722/23 · C-91/24 European arrest warrant

ECJ: refuse surrender, and you must enforce the sentence yourself

Where a Member State refuses surrender over detention conditions, it must enforce the custodial sentence on its own territory — on its own initiative, via Framework Decision 2008/909/JHA.

BVerfG: when the second OLG decision sinks the constitutional complaint

Where a fresh Section 33 IRG order follows the admissibility decision, the two form a single procedural unit — challenging only the first means the complaint fails on admissibility.

Surrender to Poland barred — systemic detention deficiencies

OLG Schleswig halts an EAW surrender to Poland and abandons its earlier line: blanket assurances no longer suffice — a facility-specific guarantee is now required.

OLG Frankfurt: supplementary assurances, renewed admissibility (Korea)

After the Constitutional Court's criticism, the senate obtains supplementary assurances and again declares extradition to Korea admissible — stage 3 of the Korea complex.

OLG Frankfurt: No extradition to Peru where the offence is time-barred at home

Where German criminal jurisdiction also applies, § 9 No. 2 IRG bars extradition if the offence is time-barred under German law — and only the domestic limitation rules count.

BVerfG halts surrender to Romania over an outdated assurance

A nearly two-year-old, generically worded assurance on prison conditions does not satisfy the Federal Constitutional Court — the surrender is provisionally prohibited for up to six months.

BVerfG provisionally halts extradition to South Korea

Investigative deficit on the size of the assured cell: the Federal Constitutional Court provisionally bars surrender to Korea — stage 2 of the Korea complex.

Return guarantee: extradition admissible despite a possible life sentence

The Cologne Higher Regional Court allows extradition to the Netherlands: the return guarantee makes review of the life-imprisonment bar unnecessary.

OLG Frankfurt: extradition to South Korea held admissible

Stage 1 of the Korea complex: the Higher Regional Court Frankfurt holds extradition for ketamine trafficking admissible – despite the sentence and prison conditions.

Admissibility of ANOM data in criminal proceedings

The BVerfG on the admissibility of ANOM crypto-phone data. Relevant for internationally coordinated prosecution and extradition proceedings.

Continued detention beyond nine months — the principle of expedition

The BGH reaffirms the strict requirements of the principle of expedition where detention lasts a long time — transferable to extradition detention under the IRG.

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