Transit from one Member State of the EU through Germany to another Member State of the EU or from a third state to a Member State of the EU is permissible if the transmitted documentation contains the following information:
- the identity of the person pursued as specified in the Annex to the European Arrest Warrant Framework Decision and that person’s nationality,
- the fact that a European Arrest Warrant or a document with corresponding legal effect or an enforceable judgment ordering deprivation of liberty issued by a competent agency in the requesting state and a description of the applicable statutory provisions have been submitted in respect of the offence (if there is a transit from a third state to a Member State, it must be notified that a request for extradition has been received).
- the nature and legal assessment of the criminal offence and
- the circumstances of the commission of the criminal offence, including the time and place of commission.
The transit of German nationals for the purpose of prosecution is only permissible if the Member State to which they are to be extradited gives an assurance that they are to be returned at Germany’s request, after imposition of a final sentence of imprisonment or other sanction, for enforcement within the area of application of this Act.
The transit of German nationals for the purpose of executing a sanction or a measure imposed is only permissible if the person concerned consents thereto.