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Case C-675/23, Staatsanwaltschaft Berlin II: Request for a preliminary ruling from the Regional Court of Berlin (Germany) lodged on 14 November 2023 – Staatsanwaltschaft Berlin v M.R.
ECLI:EU:UNKNOWN:62023CN0675
62023CN0675
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Official Journal of the European Union
EN
C series
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C/2024/2913
(Case C-675/23, Staatsanwaltschaft Berlin II)
(C/2024/2913)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Staatsanwaltschaft Berlin
Defendant: M.R.
Questions referred
Does Article 6(1)(b) of Directive 2014/41 preclude a European Investigation Order (‘EIO’) for the transfer of telecommunications data already available in the executing State (France) if, under the law of the issuing State (Germany), a comparable domestic surveillance measure would be inadmissible and the data obtained from it may not, for that reason, be used for criminal prosecution in other proceedings?
a) Does Article 6(1)(a) of Directive 2014/41 preclude an EIO from transferring data already available in the executing State (France) from a telecommunications interception – in particular traffic and location data and recordings of communications content – if
b) Does Article 6(1)(a) of Directive 2014/41 preclude such an EIO where the integrity of the data gathered by means of the surveillance measure cannot be verified by the authorities in the executing State because of comprehensive secrecy?
Does it follow from EU law, in particular the principle of effectiveness, that breaches of EU law in the obtaining of evidence in national criminal proceedings, must not be completely without consequence, even in the case of serious criminal offences, and must therefore be taken into account in favour of the accused either as an impediment to the use of evidence or in the assessment of evidence or in sentencing?
(1) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ 2014 L 130, p. 1).
ELI: http://data.europa.eu/eli/C/2024/2913/oj
ISSN 1977-091X (electronic edition)
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