Author: Marta Ramat
Committee: Academic Committee
Date: 24/12/2023

On 21 December 2023, the Court of Justice of the EU ruled on the very first case concerning the interpretation of Regulation (EU) 2017/1939, establishing the EPPO.

In the context of a cross-border case, three questions had been raised by an Austrian court concerning, in essence, the scope of the judicial review on investigation measures to be conducted by the competent court in the assisting EDP’s State.

This judgment represents a true Christmas gift for the EPPO. Indeed, the two positions emerged from the various parties and States intervening before the court were, on the one hand, that such a judicial review may also involve the merits of the justification and adoption of the investigation measure. On the other hand, other parties including the EPPO claimed that judicial scrutiny in the assisting EDP’s State should be limited to procedural aspect of its execution.

The CJEU upheld the latter, EPPO approach, which favours faster and smoother investigations. Indeed, the Court held that, pursuant to Articles 31 and 32 of Regulation (EU) 2017/1939, the review in the assisting EDP’s Member State shall be limited to matters concerning the enforcement of that measure, while it cannot relate to the justification and adoption thereof. These two aspects shall be subject to prior judicial review in the handling EDP’s State “in the event of serious interference with the rights” of the suspect protected by the Charter.


Committee: Academic Committee

Chairs: Alejandro Hernández López, Ilaria Sticchi, Enrico Traversa

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