A German court ruled yesterday that Catalan independence leader Carles Puigdemont cannot be extradited to Spain on a charge of rebellion and ordered him to be released him on bail while it considers his return on a lesser charge.

In a major blow to the Spanish authorities, the court said the charge of rebellion was “inadmissible”, as the acts of which the former Catalan president was accused would not be punishable under German law.

It will now only consider his extradition to face a charge of misappropriation of funds, frustrating the attempt of Spanish prosecutors to send him to jail for up to 30 years.

The court in Schleswig-Holstein, the German state where Mr Puigdemont was arrested on March 25, struck out the rebellion charge as it considered that the equivalent crime under German law - that of high treason - was inapplicable as it required the use of violence.

Catalan separatist politicians hailed the decision as a crushing rejection of Spanish authorities’ claim that the autumn’s independence drive was a violent uprising.

“There has never been violence and German justice said it today too,” said Sergi Sabria, spokesperson for the Esquerra Republican (ERC).

“The crime of rebellion is non-existent.” Spain’s Supreme Court had charged 13 Catalan politicians with rebellion over the banned October 1 referendum and subsequent unilateral declaration of independence.