Update 2025: EncroChat and SkyECC Legal Developments Across Europe
- Joint Defense Team
- 13 hours ago
- 3 min read
EncroChat and SkyECC remain at the centre of one of the most complex and far-reaching legal debates in modern European criminal law. Once seen primarily as a confrontation between defence lawyers and prosecutors, the issue has now reached the highest judicial levels, engaging courts across Europe and even prompting scrutiny by the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU).
At the Joint Defense Team, we have been at the forefront of these developments since the very beginning. With extensive experience and cross-border expertise, our lawyers are deeply involved in shaping the legal discourse surrounding the admissibility of encrypted data evidence.
The European Legal Landscape
Two landmark EncroChat cases are pending:
Silgir v. Germany (No. 27618/21) – addressing Articles 5 and 8 ECHR (right to liberty and privacy);
Hoeven v. Netherlands (No. 15038/24) – examining potential violations of Article 6 ECHR (right to a fair trial).
Court of Justice of the European Union (Luxembourg)
The CJEU is currently considering several key cases:
T-1180/23 and T-167/24:Â Assessing the legality of the SkyECC joint investigation framework and the coordination of prosecutions across borders.
C-564/25, C-565/25, C-566/25: Examining Europol’s liability for alleged unlawful actions related to SkyECC, EncroChat and Exclu.
C-625/25: A preliminary question from the French Cour de Cassation on effective legal protection in digital cross-border investigations (SkyECC).
These cases collectively challenge the very foundations of transnational cooperation in cyber investigations, an area in which our team has unparalleled practical insight.
National Court Developments in EncroChat and SkyECC cases
France
Ongoing cases before French courts continue to question the legality of digital investigations conducted without proper international notification.
On 17 June 2025, case No. 00690Â will address the unlawfulness of cross-border digital probes lacking prior notification to affected states.
The Netherlands
The Dutch Supreme Court is now handling its first SkyECC cases:
Cases 24-03632 and 24-02527Â concern Article 31 of Directive 2014/41 and the principle of territoriality.
Administrative proceedings are also challenging the processing of foreign data without judicial authorisation.
Germany
The Regional Court of Berlin (Case 525 KLs 8/22, 19 December 2024) excluded EncroChat data entirely, citing violations of both German and European law. An oral hearing before the Federal Court of Justice (BGH) is scheduled for 17 December 2025.
Austria
The Austrian Supreme Court (OGH), on 5 November 2024 (14Os107/24b), ruled that digital cross-border investigations are inadmissible without a valid legal basis in domestic law.
Switzerland
The Zurich High Court (SB24, 15 August 2025)Â similarly ruled that digital investigations without prior authorisation by a domestic authority are inadmissible.
Italy
Italian jurisprudence continues to evolve dynamically:
Criminal Cassation Court (IV Section, No. 32915, 15 July 2022):Â Confirmed that the defence must be able to verify the legitimacy of evidence collection.
Constitutional Court (No. 170, 23 July 2023):Â Recognised WhatsApp and encrypted communications as constitutionally protected correspondence.
United Sections of the Cassation Court (Nos. 23755–23756, 29 February 2024): Ruled that messages obtained via EIOs fall under telephone interception regulations and must comply with national and EU fair trial standards.
Cassation Court (Section III, No. 18464, 26 February 2025): Reaffirmed the defence’s right to access full original recordings and log files in Trojan horse investigations.
Legal Complexity and the Need for Specialised Defence
The international judicial landscape on EncroChat and SkyECC is not uniform — it is fragmented, dynamic, and legally intricate. The distinction between admissible and inadmissible evidence is no longer a matter of simple legal categories but of nuanced procedural compliance and human rights balance.
That is why consulting experienced legal specialists is essential. The Joint Defense Team brings together Europe’s leading lawyers in digital evidence, cross-border investigations, and human rights litigation — ensuring the most comprehensive defence strategy possible.
About the Joint Defense Team
The Joint Defense Team is Europe’s leading network of criminal defence lawyers dedicated to protecting individual rights in complex, multi-jurisdictional cases. Our team provides representation before national courts, the European Court of Human Rights, and the Court of Justice of the European Union.
If you or your clients are involved in cases linked to EncroChat, SkyECC, ANOM or similar encrypted communication investigations, contact our experts to ensure your rights are fully protected.
