MADELEINE McCann prime suspect Christian B has had a legal case over his extradition thrown out by the courts meaning he will stay in jail.
The paedophile was demanding to be freed as he was “entitled to be on holiday” when arrested in Italy in 2018.
The sex offender was then extradited back to Germany on a European Arrest Warrant for a drugs offence.
Christian B, 43, is currently in jail serving 21 months for drug offences and in December he was convicted of raping a 72-year-old American woman in 2005.
He attacked the woman in her own home just a few minutes walk from where Madeleine was taken two years later in Praia da Luz, Portugal.
Cops in Germany who are investigating the case had feared he would be freed on a EU technicality but the ruling means he will now stay in jail until 2024 at least.
His lawyer Friedrich Fulscher had attempted to argue that protocols in the use of the European Arrest Warrant were breached.
Mr Fulscher argued on a technicality that ”specialty protection law ” was broken because he was extradited for the drugs conviction but then subsequently put on trial for raping the elderly woman.
Fulscher argued the paedo had informed his probation officer and so was entitled to leave Germany and go on holiday to Italy.
Christian B was sentenced to seven years for the rape but his lawyer said he should not have been put on trial because Portugal was also not consulted over the use of the European Warrant.
However, in a statement today the European Court of Justice (ECJ) confirmed it had ruled against Christian B, saying “he is no longer entitled to rely on the specialty rule”.
The decision will now go to Germany where his sentence for the rape is expected to be confirmed.
A spokesperson for the ECJ told The Sun: ”This decision cannot be appealed and it will now go forward to Germany.”
Throughout the three page ECJ judgment Christian B was referred to as ”XC” and the judges said that only permission from Italy was needed for the rape case to have gone ahead.
The Sun has established that a court in Milan did agree to the extradition in October 2018 and this was confirmed again in March 2019 by a higher court.
It comes after German prosecutor Hans Christian Wolters spoke on Portuguese television last week as he insisted Christian B is their “only” suspect in the Madeleine case.
He also said that “everything” the investigators have points to the tot being dead, despite her parents refusing to believe it until her body has been found.
Wolters also doubled down that Christian B is the one who killed Madeleine, saying there are “many pieces of the puzzle” pointing towards him.
However, the prosecutor admitted there is no “smoking gun” as the German has still not yet been charged despite being named as a suspect three months ago.
‘NO SMOKING GUN’
German authorities are treating Madeleine’s disappearance as a murder probe, while Scotland Yard continue to treat it as a missing persons case.
He said: “The result of our investigation does not point in any way to the possibility the suspect might have kept Madeleine alive.
“We have nothing to indicate she could be alive.
“Everything we have points to her being dead. We have no margin of manoeuvre.”
Wolters added; “We are only investigating Christian B, nobody else. At this stage we believe he acted alone in this case.”
Christian B was sensationally named as a suspect just after the 13th anniversary of Madeleine’s disappearance.
Madeleine is believed to have been snatched from the holiday apartment where she was sleeping alongside her twin siblings Sean and Amelie on May 3, 2007, in Praia du Luz.
Described as a “twisted loner”, Christian B is understood to have been a kind of drifter around the resort at the time.
He was first linked to the Madeleine case after he allegedly made a drunken boast he snatched her while in a bar on the tenth anniversary of the crime.
Madeleine would have turned 17 this year, and the family have described the identification of Christian B as “potentially very significant”.
German police also confirmed Madeleine’s parents Kate and Gerry are completely cleared in the case amid unfounded allegations.
However, cops fear many witnesses may never come forward as they are “terrified” of Christian B.
Experts have said Christian B matches the profile of a Jimmy Savile-style “paraphiliac”, who targets victims of all ages.
His ex-lawyer Serafim Vieira has described him as having “‘psychopathic traits” and admitted he could be responsible for Madeleine’s abduction.
Christian B had a rundown and dilapidated shack only two miles away from the McCann’s holiday let.
And he is known to have owned a mobile home he boasted could carry “drugs and children”.
Mobile phone data suggests prolific sex offender Christian B was in the Portuguese resort when Madeleine vanished – and made a mysterious call just one hour before she was taken.
He is believed to have made a living selling drugs and stealing from holiday apartments.
Christian B’s pal Manfred Seyferth, 64, said the paedo was known as the “The Climber” thanks to his skills of breaking into flats and hotel rooms.
And he added he believes Christian B is an “evil psychopath” who is “capable of taking a small child” and was “obsessed with small children”.