A judge has dismissed extradition proceedings against Clara Ponsati, the former Catalan government minister.
Sheriff Nigel Ross said it was a "matter for the Spanish authorities" since the academic indicated she would not move back to Scotland from Belgium.
Prof Ponsati faces charges in Spain for her involvement in the unsanctioned Catalonia independence referendum.
Sheriff Ross said: "You can't extradite someone who is not here."
At Edinburgh Sheriff Court, the sheriff ruled that Scottish courts had "no jurisdiction" over the extradition of the former University of St Andrews academic.
He said that extradition in this case was "impractical" as he ended the legal action.