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Spotlight Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases 
19 May 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 2 March 2022, the Federal Court of Justice (Bundesgerichtshof) handed down the first supreme court decision in the EncroChat cases in Germany. The Court confirmed the use of evidence which was acquired by German law enforcement authorities from French counterparts. By secret interception measures, French authorities succeeded in 2020 in dismantling a supplier that offered encrypted mobile devices that were allegedly used by criminals. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
CJEU: Bulgaria (Currently) Precluded from Issuing EIOs Due to Lack of Legal Remedies 
25 January 2022 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
According to the CJEU, the current situation in Bulgaria, which does not provide for legal remedies against investigative measures and the issuance of a European Investigation Order (EIO) infringes the fundamental rights of the Charter and means that Bulgaria cannot issue EIOs as long as this situation is not remedied. Read more
EU European Investigation Order Procedural Safeguards
CJEU: Public Prosecutor Executing EIO Cannot Request Preliminary Ruling 
21 October 2021 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 2 September 2021, the CJEU declared the request for a preliminary ruling by the Public Prosecutor’s Office of Trento, Italy inadmissible. The question of whether a German tax authority can issue EIOs without validation remains unanswered. Read more
EU European Investigation Order
AG: Prosecutor Has Limited Competence to Issue EIOs 
15 June 2021
Thomas Wahl Thomas Wahl
AG Manuel Campos Sánchez-Bordona concluded that a public prosecutor is not entitled to issue a European Investigation Order (EIO) if the underlying investigative measure (here: collection of traffic and location data associated with telecommunications) can only be ordered by a court in purely domestic cases. Read more
EU European Investigation Order
AG: Bulgaria Not Allowed to Issue EIOs 
20 May 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
AG Michal Bobek recommends that the CJEU decide that Bulgarian authorities cannot issue European Investigation Orders (EIOs) unless Bulgaria introduces remedies against investigative measures. It is the second time that the CJEU is addressed in the specific case (criminal proceedings against Ivan Gavanozov). Read more
EU European Investigation Order Procedural Safeguards
AG: Tax Authority Cannot Issue EIO without Prior Judicial Validation 
25 March 2021 (updated 3 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
In his Opinion of 11 March 2021 in Case C-66/20 (XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster), Advocate General (AG) Sánchez-Bordona rejects the authorisation of administrative authorities – despite exercising powers as a prosecution office in criminal tax matters – to issue … Read more
EU European Investigation Order
CJEU: German Public Prosecutor’s Office Considered “Issuing Judicial Authority” in the EIO Context 
9 February 2021
Thomas Wahl Thomas Wahl
The CJEU ruled that the German public prosecutor's offices may issue European Investigation Orders (EIOs) despite being contingent upon individual instructions from the executive. In the context of the EIO Directive the situation is different as to the Framework Decision on the European Arrest Warrant, the CJEU argued. Read more
EU European Investigation Order
Eurojust: EIO Casework Report 
19 January 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 10 November 2020, Eurojust published the first report on its casework in the field of European Investigation Order (EIO). The report informs practitioners and policymakers of the main difficulties encountered in the practical application of the EIO, showcases solutions and best practice, and illustrates … Read more
EU European Investigation Order
AG: German Public Prosecutor’s Office Can be Considered “Judicial Authority” to Issue EIOs 
14 August 2020 (updated 5 years, 9 months ago)
Thomas Wahl Thomas Wahl
In case C-584/19 (Staatsanwaltschaft Wien v A and Others), the CJEU was requested to answer the question of whether its case law on the independence of the (German) public prosecutor's office in relation to the European Arrest Warrant (see eucrim 1/2019, pp. 31-33) … Read more
EU European Investigation Order
First CJEU Judgment on European Investigation Order 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 24 October 2019, the CJEU delivered its first judgment interpreting Directive 2014/41/EU regarding the European Investigation Order in criminal matters (Case C-324/17 – Ivan Gazanozov). The case at issue dealt with the particularity of Bulgarian law that does not provide for any … Read more
EU Court of Justice of the European Union (CJEU) European Investigation Order
Guidance on Application of the EIO 
9 September 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The EJN and Eurojust published a joint note on the practical application of the EIO. The document aims at providing guidance to practitioners on the practical application of the EIO by looking at the issuing phase, the transmission phase, the recognition phase, and the … Read more
EU Eurojust European Judicial Network (EJN) European Investigation Order
AG: Bulgaria Must Bring its Law in Line with EIO Directive 
4 June 2019 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2019
If the national legislation of an EU Member State does not provide for legal remedies, by means of which the substantive reasons for an investigative measure requested by a European Investigation Order (EIO), cannot be challenged, this Member State is not entitled to use the EIO instrument. This far-reaching legal ramification was proposed by Advocate General Yves Bot in his opinion of 11 April 2019 in case C-324/17 (criminal proceedings against Ivan Gavanozov) Read more
EU European Investigation Order Procedural Safeguards
Eurojust Meeting Report on European Investigation Order 
19 April 2019 (updated 7 years ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Eurojust published a report about a two-day meeting on the European Investigation Order (EIO) attended by prosecutors from the EU Member States as well as representatives from EU institutions and academia at Eurojust’s premises in the Hague from 19-20 September 2018. The meeting provided a … Read more
EU Eurojust European Investigation Order
First Case on Interpretation of EIO Brought Before CJEU 
6 June 2018
Thomas Wahl Thomas Wahl
The first preliminary ruling procedure on substantial matters of the Directive is currently pending at the CJEU. A Bulgarian court lodged the reference in May 2017. Read more
EU Court of Justice of the European Union (CJEU) European Investigation Order
State of Play of EIO Implementation 
6 June 2018
Thomas Wahl Thomas Wahl
After transposition by Cyprus and Poland, 20 of 26 EU Member States, which are bound by Directive 2014/41/EU regarding the European Investigation Order in criminal matters, are now able to use the new tool in the area of mutual legal assistance within the EU … Read more
EU European Investigation Order