First Case on Interpretation of EIO Brought Before CJEU
6 June 2018
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg 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 (Case C-324/17 – Criminal proceedings against Ivan Gavanozov). The Bulgarian court referred the following questions to the CJEU:

  1. Are national legislation and case-law consistent with Art. 14 of Directive 2014/41/EU regarding the European Investigation Order in criminal matters, in so far as they preclude a challenge, either directly as an appeal against a court decision or indirectly by means of a separate claim for damages, to the substantive grounds of a court decision issuing a European investigation order for a search on residential and business premises and the seizure of specific items, and allowing examination of a witness?;
  2. Does Art. 14(2) of the directive grant, in an immediate and direct manner, to a concerned party the right to challenge a court decision issuing a European investigation order, even where such a procedural step is not provided for by national law?;
  3. Is the person against whom a criminal charge was brought, in the light of Art. 14(2) in connection with Art. 6(1)(a) and Art. 1(4) of the directive, a concerned party, within the meaning of Art. 14(4), if the measures for collection of evidence are directed at third party?;
  4. Is the person who occupies the property in which the search and seizure was carried out or the person who is to be examined as a witness a concerned party within the meaning of Art. 14(4) in connection with Art. 14(2) of the directive?

News Guide

EU Court of Justice of the European Union (CJEU) European Investigation Order

Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher