French Court of Cassation refers the SkyECC remedy question to the CJEU (C-625/25)

In its judgment of 16 September 2025 the Criminal Chamber of the French Court of Cassation, seized by a person prosecuted in Germany solely on SkyECC data from the French operation, stayed the proceedings and referred two questions to the CJEU under the expedited procedure. French law gives such a person no remedy in France to contest the regularity and necessity of the French measures, and the courts of the prosecuting State cannot review them. The Court asks whether Art. 14(1) Directive 2014/41/EU, read with Art. 47 of the Charter, precludes this situation where the EIO concerned evidence already held by France, and whether the principle of equivalence requires a remedy equivalent to that of a person charged in France. The Court noted that the answer will affect many prosecutions across Member States based on the same evidence.