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Case C-281/22, GK and Others (European Public Prosecutor’s Office): Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Criminal proceedings against G.K., B.O.D. GmbH, S.L. (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European Public Prosecutor’s Office — Regulation (EU) 2017/1939 — Article 31 — Cross-border investigations — Judicial authorisation — Scope of the review — Article 32 — Enforcement of assigned measures)
ECLI:EU:UNKNOWN:62022CA0281
62022CA0281
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Official Journal of the European Union
Series C
C/2024/1375
(Case C-281/22, (1) GK and Others (European Public Prosecutor’s Office))
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - European Public Prosecutor’s Office - Regulation (EU) 2017/1939 - Article 31 - Cross-border investigations - Judicial authorisation - Scope of the review - Article 32 - Enforcement of assigned measures)
(C/2024/1375)
Language of the case: German
Referring court
Parties to the main proceedings
Intervening party: Österreichischer Delegierter Europäischer Staatsanwalt
Operative part
Articles 31 and 32 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)
must be interpreted as meaning that the review conducted in the Member State of the assisting European Delegated Prosecutor, where an assigned investigation measure requires judicial authorisation in accordance with the law of that Member State, may relate only to matters concerning the enforcement of that measure, to the exclusion of matters concerning the justification and adoption of that measure; the latter matters must be subject to prior judicial review in the Member State of the handling European Delegated Prosecutor in the event of serious interference with the rights of the person concerned guaranteed by the Charter of Fundamental Rights of the European Union.
(1) OJ C 318, 22.8.2022
ELI: http://data.europa.eu/eli/C/2024/1375/oj
ISSN 1977-091X (electronic edition)