On March 25, 2026, the Higher Regional Court (Oberlandesgericht) of Cologne issued a ruling that effectively ended Hanno Berger’s attempt to reopen his criminal case related to the Cum-Ex tax scandal. The court dismissed his immediate appeal against the rejection of a request for resumption of proceedings by the Cologne Regional Court, confirming that Berger must remain in prison.
The decision, made by the court’s 3rd Criminal Senate under case number 3 Ws 66/25, determined that the facts and evidence presented by Berger did not provide grounds to believe the Bonn Regional Court could have issued a lesser sentence or an acquittal. This ruling upholds the original conviction in one of Germany’s most significant financial fraud cases.
The Cum-Ex scheme involved rapid trading of shares around dividend dates to exploit loopholes in tax law, allowing multiple parties to claim refunds for dividend taxes that were paid only once. Berger, a former lawyer and tax advisor, was identified as a central architect of the scheme, which caused estimated losses of billions of euros to European treasuries.
According to verified reports from beck-aktuell.de, the OLG Köln stated that Berger’s submitted materials did not justify reopening the case, emphasizing that the legal threshold for resumption of proceedings was not met. The court’s press summary noted that the appeal lacked sufficient basis to challenge the original judgment.
Anwalt.de confirmed in its coverage that the OLG Köln rejected Berger’s immediate appeal, reinforcing the lower court’s decision to deny the resumption request. The report highlighted that the 3rd Strafsenat found no procedural errors or latest evidence warranting a fresh trial.
The denial of resumption means Berger’s conviction stands, and he will continue serving his sentence. Legal experts note that resumption of proceedings in German law is an exceptional remedy, requiring either new facts or evidence that could significantly alter the outcome—conditions the court found unsatisfied in this instance.
Berger’s case has drawn international attention due to the scale of the Cum-Ex transactions, which operated across multiple jurisdictions and involved complex financial instruments. German authorities have pursued numerous individuals connected to the scheme, with Berger’s prosecution representing a key milestone in accountability efforts.
While the OLG Köln did not publish the full text of its decision at the time of the ruling, the court confirmed that a formal notification system is available through dejure.org for those wishing to receive the full verdict upon its release. The Kurzfassung (summary) was made available via beck-aktuell.de.
The ruling underscores the German judiciary’s stance on preventing abuse of procedural mechanisms in high-profile financial crime cases. It also signals that attempts to revisit settled judgments through resumption requests must meet stringent evidentiary standards.
As of now, Notice no publicly announced further legal steps planned by Berger’s defense team following this dismissal. The next procedural checkpoint would typically involve either the exhaustion of ordinary legal remedies or, in rare cases, a constitutional complaint to the Federal Constitutional Court—though no such action has been confirmed or filed in relation to this matter.
For readers seeking updates on this case or similar financial crime proceedings, official court communications from the OLG Köln and publications via trusted legal platforms like dejure.org and beck-aktuell.de remain the most reliable sources.
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