In connection with the cum‑ex scandal the Federal Court of Justice (Bundesgerichtshof, BGH) partially overturned a ruling of the Bonn district court. The BGH announced that the seizure of €40 million in proceeds from so‑called cum‑ex transactions against former Warburg Bank chief Christian Olearius must be reconsidered.
The defendant is alleged to have knowingly submitted false corporate tax returns for the assessment periods 2007 to 2011, which gave the Warburg Bank unjustified tax advantages of more than €161 million. The district court had dismissed the case against the defendant because of his permanent unfitness to plead and had declined the prosecutor’s request to launch a separate seizure proceeding. The BGH set aside that decision and referred the matter back to another criminal chamber of the district court for a new examination.
The new chamber is now required to decide whether a seizure can be ordered against the defendant. The dismissal of the case on the grounds of unfitness to plead remains final (judgment of 18 March 2026 – 1 StR 97/25).
