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SkyECC

Supreme Court, France

France

Cour de Cassation, n° 24-84.262

SkyECC Evidence Under Scrutiny: Court of Cassation Refers Fundamental Rights Question to CJEU

In its judgment of September 16, 2025 (No. 24-84.262), the Criminal Chamber of the Court of Cassation (Chambre criminelle de la Cour de cassation)—seized by an individual prosecuted in Germany solely on the basis of data from the SkyECC operation conducted in France—decided to refer a question to the CJEU for a preliminary ruling on the compliance of French law with European Union law, specifically regarding the right to an effective remedy. Noting that many defendants across Europe are unable to challenge the legality of the French investigative acts behind the SkyECC data before their national courts, the Court recognizes that the CJEU's response will have potentially major consequences for all pending motions to annul (recours en nullité) in France, as well as for proceedings initiated in numerous Member States based on the exact same evidence.



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