VSB
If you read Dirk's posting carefully, you will find that the Spanish authorities boarded the plane to arrest him. He can therefore be deported because he was "refused entry" before arriving in the EU.
The Germans and the Swiss check passports on the airway / jetway which is NOT EU or national territory - whereas the building to which the airway / jetway is attached is part of the "National Territory". Once you get both feet in there - you ask for asylum and - its a done deal.
A very fine point of law, but used in many countries. Any lawyers care to comment!
Gofer