The German man, who for legal reasons can only be named as Christian B,  is being investigated over Madeleine’s disappearance but has launched a legal challenge against a European arrest warrant issued against him over a separate 2005 rape charge.

The 43-year-old was extradited from Italy to Germany two years ago under the warrant and was later convicted of the rape of a 72-year-old American woman in Portugal.

But his lawyers are challenging the validity of the extradition and a German court has sought guidance from the Luxembourg-based Court of Justice of the European Union (CJEU).

In a non-binding opinion, the CJEU said German authorities should have got permission from Italy for the rape charge.

Christian B was convicted of attacking the pensioner in Praia da Luz – the same Portuguese resort where three-year-old Madeleine went missing two years later.

She was on holiday with her family when she vanished from her bedroom.

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