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Portuguese Council Presidency Pushes Forward EU Data Retention Law 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
Following the CJEU’s landmark judgment from 6 October 2020 in La Quadrature du Net and Others (→ eucrim 2/2020, 3/2020, 184-186), the Portuguese Council Presidency wishes to make progress in drafting new EU legislation to harmonise the public authorities’ access to traffic and location … Read more
EU Legislation Council Data Protection
Spotlight CJEU Confirms Strict Limitations of Data Retention 
20 March 2021 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
In its judgment of 2 March 2021 on the Estonian rules on data retention, the CJEU confirmed red lines for access to traffic and location data for law enforcement purposes. In addition, the case questioned which competent authority can grant access to such data. Read more
EU Data Protection
Spotlight CJEU Delivers Landmark Judgment on Right to Silence in Administrative (Punitive) Proceedings 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 2 February 2021, the CJEU, sitting in for the Grand Chamber, rendered an important judgment on the right to remain silent in administrative proceedings if the person’s answers might also establish his/her punitive liability. The case is referred to as C-481/19 (DB v … Read more
EU Procedural Safeguards
Germany: Plans for Punishing Criminal Trading Platforms on the Internet 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 February, the German Federal Government passed a draft law on the criminal liability of operating criminal trading platforms on the internet and providing corresponding server infrastructures. To this end a new provisions is to be included into the German Criminal Code: Anyone who … Read more
EU Reform of the European Court of Human Rights Cybercrime
Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance 
20 March 2021 (updated 4 years, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
Two German courts confirmed warrants for pre-trial detention against persons whose criminal activities had been revealed as a follow-up of the infiltration of the encrypted communication network EncroChat. On 10 March 2021, Eurojust and Europol reported another successful strike against an encrypted communication network that was predominantly used by organised crime groups. Read more
EU Organised Crime Law Enforcement Cooperation Data Protection
Number of Counterfeit Euro Banknotes at Record Low in 2020 
20 March 2021
Thomas Wahl Thomas Wahl
On 22 January 2021, the European Central Bank (ECB) reported that in 2020, around 460,000 counterfeit euro banknotes had been withdrawn from circulation - fewer than ever before. Compared to the total number of banknotes in circulation of over 25 billion, the number of counterfeits … Read more
EU Counterfeiting & Piracy
EP Calls for Improvements in Taxation of Online Traders 
20 March 2021
Thomas Wahl Thomas Wahl
On 10 March 2021, the European Parliament (EP) adopted, by a large majority, amendments to the Commission’s draft to amend Directive 201116/EU on administrative cooperation in the field of taxation (DAC7). MEPs call for improvements to the tracking and taxation of online sales. According to … Read more
EU Tax Evasion
ECA: EU Exchange of Tax Data System Yet Insufficient to Prevent Tax Evasion 
20 March 2021
Thomas Wahl Thomas Wahl
On 26 January 2021, the European Court of Auditors (ECA) published its Special Report 03/2021 on the exchange of tax information in the EU. The underlying tool is the Directive on administrative cooperation in the field of taxation (Directive 2011/16/EU), which has been amended … Read more
EU Tax Evasion
EP Call on Reform of EU Blacklist on Tax Havens 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
By an overwhelming majority of 587 votes in favour (50 against and 46 abstentions), MEPs adopted a resolution on reforming the EU list of tax havens. The resolution backs a motion of December 2020 prepared by the Economic and Monetary Affairs Committee (→ https://eucrim.eu/news/meps-call-reform-eu-list-tax-havens/). … Read more
EU Tax Evasion
Commission: Germany, Portugal, and Romania Failed to Correctly Transpose 4th AMLD 
20 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In February 2021, the Commission formally initiated infringement procedures against Germany, Portugal, and Romania for having incorrectly transposed the 4th Anti-Money Laundering Directive (Directive (EU) 2015/849). As an initial step, the Commission sent a letter of formal notice requesting further information to … Read more
EU Money Laundering Protection of Financial Interests
Disputes over Budget Conditionality Mechanism 
20 March 2021 (updated 9 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
On 11 March 2021, Poland and Hungary filed an action with the CJEU seeking review of the conditionality mechanism. On 25 March 2021, the EP countered in a resolution. The EP urged the Commission to immediately start investigations of possible breaches of rule of law principles and to protect the EU budget. If the Commission fails to fulfill its obligations, the EP considers the launch of legal action before the CJEU under Art. 265 TFEU. Read more
EU Protection of Financial Interests
Administrative Director of EPPO Appointed 
20 March 2021
Thomas Wahl Thomas Wahl
On 20 January 2021, the College of the European Public Prosecutor’s Office (EPPO) appointed Olivier Ramsayer as its first Administrative Director. Mr Ramsayer comes from Frontex where he was Director of Corporate Governance. EPPO’s Administrative Director is the legal representative of the new body … Read more
EU European Public Prosecutor's Office (EPPO)
Appointment of European Delegated Prosecutors in Process 
20 March 2021
Thomas Wahl Thomas Wahl
The EPPO is still in the process of setting up its operational capacities. The process of appointment of the European Delegated Prosecutors is ongoing. On 11 March 2021, Belgium was the tenth EU Member States that have sent candidates for the position of European … Read more
EU European Public Prosecutor's Office (EPPO)
EPPO Website 
20 March 2021
Thomas Wahl Thomas Wahl
The website of the European Public Prosecutor’s Office is launched. Information about the mandate and tasks, the members, job vacancies, news, documents, etc. is available at: https://www.eppo.europa.eu/. Read more
EU European Public Prosecutor's Office (EPPO)
Hits against Illegal Tobacco Trade in 2020 
20 March 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl
In a press release issued on 14 January 2021, OLAF took stock of successful operations against illegal tobacco trade in 2020. In 20 operations, national customs and law enforcement authorities were able to seize nearly 370 million cigarettes that were foreseen for the black … Read more
EU OLAF
OLAF Investigated Irregularities in Funding Agricultural Activities in Slovakia 
20 March 2021
Thomas Wahl Thomas Wahl
On 21 January 2021, OLAF reported on three cases that were closed in 2020 involving irregularities in agricultural funds in Slovakia. The three cases concerned direct payment applications made between 2013 and 2019 by several Slovakian companies. Investigations found that the conditions to receive … Read more
EU OLAF Eurojust