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Spotlight ECJ: EIO Can Be Issued Instead of EAW 
19 February 2026
Thomas Wahl Thomas Wahl in Issue 4/2025
In its judgment of 18 December 2025 in Case C-325/24 (Bissilli), the ECJ ruled that a European Investigation Order (EIO) can be issued for the temporary transfer or for a videoconference hearing of an accused person held in custody abroad, if the EIO has an evidential objective and is necessary for the purpose of gathering evidence. The judges in Luxembourg also clarified the relationship between the various refusal grounds set out in Directive 2014/41. Read more
EU European Arrest Warrant European Investigation Order Judicial Cooperation
EJN Biennial Report Highlights Judicial Cooperation Achievements and Digital Innovation 
1 December 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2025
The biennial EJN activity and management report, released in November 2025, provides a comprehensive overview of the support delivered by EJN Contact Points to national judicial authorities in cross-border judicial cooperation in 2023 and 2024. Read more
EU European Judicial Network (EJN) European Arrest Warrant European Investigation Order Judicial Cooperation
ECJ: Judicial Review under National Law Does Not Hinder Issuance of EIO by Administrative Authority 
23 September 2025
Thomas Wahl Thomas Wahl in Issue 2/2025
According to the ECJ's ruling of 10 July 2025 in WBS GmbH, an administrative authority that investigates crimes can be treated as "issuing authority" within the meaning of the EIO Directive, even if certain investigative measures sought (involving an interference with the fundamental rights of the person concerned) must, in accordance with national law, first be authorised by a judicial authority. Read more
EU European Investigation Order Judicial Cooperation
Eurojust: Overview of CJEU Case-Law on EIO 
19 August 2025
Thomas Wahl Thomas Wahl in Issue 2/2025
On 22 July 2025, Eurojust published the first comprehensive overview of the CJEU's case-law concerning the application of Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters. It aims to enhance the consistent application of the EIO. Read more
EU Eurojust European Investigation Order
AG: High Hurdles for Executing Authority to Refuse Videoconference Hearing 
8 August 2025
Thomas Wahl Thomas Wahl in Issue 2/2025
In his opinion of 26 June 2025 on a case concerning the interpretation of the EIO Directive's provisions of videoconference hearings and the temporary transfer of persons in custody, AG Rantos advises that the ECJ strengthens the position of the issuing authority from Italy and declares incompatible the refusal by the executing Belgian authorities. Read more
EU Fundamental Rights European Investigation Order Judicial Cooperation
ECJ Ruled on Material Scope of EIO Directive 
28 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2024
On 9 January 2025, the ECJ rendered a judgment on the material scope of Directive 201/41/EU regarding the European Investigation Order. The ECJ interpreted the concept of "investigative measure" in the context of a Spanish request to serve an indictment to an accused person. Read more
EU European Investigation Order
German Federal Constitutional Court: Use of EncroChat Data in Criminal Proceedings Admissible 
21 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 1 November 2024, the German Federal Constitutional Court rejected a constitutional complaint against a criminal conviction for dealing in narcotics in a non-negligible quantity, which was based on the use of EncroChat data as evidence. The Federal Constitutional Court in essence backed the case law of the Federal Court of Justice which sees no exclusionary rule in the use of said data which were gathered by French law enforcement authorities via the use of mass surveillance technology. Read more
EU Fundamental Rights Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
Berlin Regional Court’s EncroChat Battle – Third Round 
14 August 2024 (updated 5 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
In an order of 4 July 2024, the ECJ dealt with procedural effects of the EncroChat case. The reference for preliminary ruling (Case C-288/24, M.R. v Staatsanwaltschaft Berlin or “Stegmon”) only indirectly concerns the criminal investigations related to EncroChat. The question … Read more
EU Area of Freedom, Security and Justice Court of Justice of the European Union (CJEU) European Investigation Order Law Enforcement Cooperation
Attempt for Second Reference for Preliminary Ruling in EncroChat Case 
13 August 2024 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
The Regional Court of Berlin lodged a second reference for preliminary ruling to the ECJ, seeking clarifications on the legitimacy of an operation against the encrypted network EncroChat, notably as regards possible breaches of the rules of the European Investigation Order Directive. Read more
European Investigation Order Law Enforcement Cooperation
Spotlight ECJ Ruled in EncroChat Case 
12 August 2024 (updated 5 months, 4 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Procedural Safeguards
ECJ: No Ruling on Defendant's Right to Participate via Videoconference 
31 July 2024
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment in the Joined Cases C-255/23 and C-285/23 (AVVA and Others), the ECJ clarified on 6 June 2024 that it will not rule on the question whether Union law confers defendants a right to participate at trial remotely via videoconference. The … Read more
EU Money Laundering European Arrest Warrant European Investigation Order Procedural Safeguards
Spotlight AG: EncroChat Data Can, in Principle, Be Used in Criminal Proceedings 
8 February 2024 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2023
On 26 October 2023, Advocate General (AG) Tamara Ćapeta released her opinion on the reference for a preliminary ruling with regard to the EncroChat case. In the case at issue, the Regional Court of Berlin, Germany, asked several questions as to the lawfulness of … Read more
EU European Investigation Order Law Enforcement Cooperation
ECJ: EIOs by Tax Authorities Need Validation 
10 May 2023
Thomas Wahl Thomas Wahl
In its judgment of 2 March 2023, the ECJ clarified that a German tax office responsible for criminal matters and tax investigation (Steuerfahndung) cannot issue European Investigation Orders (EIOs) without a judge, a court, an investigating judge or a public prosecutor having validated the EIO in advance. Read more
EU European Investigation Order
ECBA: Courts in the Assisting Member State Must Have Full Review Powers 
9 March 2023 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
In an open letter, the ECBA makes statements on the first case dealing with the interpretation of the EPPO Regulation before the CJEU. The case was referred by the Oberlandesgericht Wien (Austria) and poses the question as to which extent the courts of the assisting European Delegated Prosecutor (EDP) can verify an investigative measure under their national law when it was authorised in the Member State of the EDP handling the case. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation
Spotlight EncroChat Turns into a Case for the CJEU 
18 November 2022 (updated 3 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
The Regional Court of Berlin referred several questions to the CJEU on the activities of law enforcement authorities in conjunction with the cracking of the EncroChat communications service. They relate to the interpretation of the EIO Directive. The Berlin court believes that the collection of data in the EncroChat operation was unlawful and that the data cannot be used as evidence in German criminal proceedings against persons who used EncroChat for criminal activities. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation
First EPPO Case before CJEU 
3 August 2022 (updated 3 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
The first case concerning the interpretation of Regulation 2017/1939 on the establishment of the EPPO is at the CJEU. In a reference for preliminary ruling by an Austria court guidance by the CJEU is sought as to which extent judicial review can be carried out in the assisting Member State if it comes to cross-border investigations within the EPPO regime. Read more
EU European Public Prosecutor's Office (EPPO) European Investigation Order Judicial Cooperation