The High Court has ordered the surrender of Razvan Tache to Germany for prosecution over 28 alleged offences, rejecting his objections to a European Arrest Warrant.
In a judgment delivered on 5 March 2020, Mr Justice Binchy said the warrant sought Mr Tache’s surrender for prosecution, not to serve a sentence. It was issued by the Krefeld local court and was based on a German arrest warrant dated 4 April 2017. The surrender order was made under section 16 of the European Arrest Warrant Act 2003.
The allegations comprise 13 counts of fraudulently obtaining goods using a bank card belonging to another person, causing approximately €1,350 in damage; 10 counts of fraudulently obtaining goods worth about €900 using Mr Tache’s own bank card despite insufficient funds to cover the direct debits; and five instances of travelling on public transport without a ticket. The alleged offences took place in several German towns and cities.
Mr Tache argued that the warrant was unclear because it referred to 13 offences in one passage and 28 elsewhere, and that later information could not correct such a fundamental defect. The judge found that the warrant itself set out a breakdown totalling 28 charges, so the reference to 13 was an error. Additional information, including the underlying arrest warrant with particulars of the alleged offences, clarified the case rather than changing the warrant’s purpose.
The court also rejected an objection that Germany had not decided to charge and try him. The judge said the evidence did not displace the statutory presumption that such a decision had been made. An affidavit from a German lawyer said the investigation’s status and the timing of any indictment were unclear, but the judge found that inconclusive. He also noted that the German prosecutor’s letter referred to prosecution proceedings.
On the question of bail, the judge found that Mr Tache could challenge the arrest warrant and seek review of his remand in custody. The court further held that the allegations corresponded to offences under Irish law, including fraud and making off without payment. It therefore rejected all objections and ordered surrender. The judgment does not determine whether Mr Tache committed the alleged offences.