
Evidence Exclusion and Fair Trial Rights in Cross-Border Telecommunications Interception
On 30 April 2024 the Grand Chamber of the Court of Justice of the European Union delivered its final judgment in M.N. (EncroChat), Case C-670/22 (ECLI:EU:C:2024:372), on a reference from the Landgericht Berlin. The infiltration of EncroChat terminals is an "interception of telecommunications" under Article 31, must be notified to the targeted Member State, and also protects the affected users. Decisively, under Article 14(7) read with Article 47(2) of the EU Charter, national criminal courts must disregard evidence on which the accused cannot effectively comment where it is likely to have a preponderant influence on the findings of fact. The ruling leaves national admissibility regimes intact while giving European defenders a concrete EU‑law lever against opaque EncroChat material.