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EncroChat

Regional Court Berlin

Germany

Landgericht Berlin, 525 KLs 8/22

Reference to the CJEU on the Admissibility of EncroChat Data

Reference to the Court of Justice of the European Union pursuant to Art. 267 TFEU. The Chamber refers to the CJEU questions on the interpretation of Directive 2014/41 (EIO Directive), in particular: (1) whether a European Investigation Order must be issued by a judge where serious infringements of fundamental rights are at stake (interpretation of the term 'issuing authority' under Art. 6(1) in conjunction with Art. 2(c) EIO Directive); (2) whether Art. 6(1)(a) EIO Directive precludes an EIO seeking the transmission of pre-existing telecommunications surveillance data.

Decision of the Berlin regional Court from December 19, 2024


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