On 5 November 2024 the Supreme Court of Justice (OGH) dismissed a fundamental-rights complaint against continued pre-trial detention in a cocaine-trafficking case; the investigation remains pending. The complaint contended that the urgent suspicion rested predominantly on SKY ECC chats barred by § 55d para 7 EU-JZG. The court held that, where an Austrian prosecutor is notified that a foreign authority intercepted encrypted communications without Austrian technical assistance, § 55d para 7 — implementing Art 31 Directive 2014/41/EU (EEA) and read in light of the CJEU's C-670/22 (EncroChat) — creates an unconditional evidence-use prohibition comparable to § 140 para 1 StPO, leaving no room for a fairness balancing under Art 6 ECHR / Art 47 EU Charter (also citing BGH 5 StR 457/21). It nonetheless dismissed the complaint, because the contested decision made no findings on the foreign authorities' method and the applicant failed to specify the relevant parts of the 270-page foreign-language file. This now reads as the leading Austrian authority on which later SKY ECC challenges build.