KNOETZL has brought about change in the administration of Austrian/European Union justice in Extradition proceedings

Philip Marsch and his team, including Michael Kienzl and Judith Schacherreiter, through their representation of a pro bono client in an extradition proceeding, have effected an interesting and important change before the Higher Regional Court of Vienna in surrender proceedings (extradition proceedings within the European Union) on the basis of a recent judgment of the European Court of Justice: As a result of the ruling in case no C-404/15 (Aranyosi), persons subject to a European Arrest Warrant issued by Hungary will not be surrendered to Hungary relying “solely” upon the warrant. The Austrian court has to be satisfied to the degree that it must be proven that that the person sought to be surrendered to Hungary will not, upon such extradition, face treatment that is in violation of human rights. Before the instant case, persons subject to a European Arrest Warrant issued by Hungary had the burden of proving that they, personally, faced such treatment in Hungary in order to avoid being surrendered to that State. The subject case was accordingly referred back to Austria’s court of first instance for further consideration. This landmark decision will change surrender proceedings in Austria regarding certain member States of the European Union.