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Case C-583/23, Delda: Judgment of the Court (Fourth Chamber) of 9 January 2025 (request for a preliminary ruling from the Cour de cassation – France) – in the proceedings on the recognition and execution of a European Investigation Order concerning AK (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order in criminal matters – Material scope – Concept of investigative measure – Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment – Hearing of the accused person)
ECLI:EU:UNKNOWN:62023CA0583
62023CA0583
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Official Journal of the European Union
C series
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C/2025/1205
(Case C-583/23, (1) Delda)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2014/41/EU - European Investigation Order in criminal matters - Material scope - Concept of ‘investigative measure’ - Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment - Hearing of the accused person)
(C/2025/1205)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: AK
Other party: Ministère public
Operative part of the judgment
Articles 1 and 3 of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters
must be interpreted as meaning that:
an order by which a judicial authority of one Member State requests a judicial authority of another Member State to serve on a person an indictment relating to him or her does not, as such, constitute a European Investigation Order within the meaning of that directive;
an order by which a judicial authority of a Member State requests a judicial authority of another Member State to remand a person in custody pending trial for purposes other than those referred to in Articles 22 and 23 of that directive, or to require him or her to make a bail payment, does not constitute a European Investigation Order within the meaning of that directive;
an order by which a judicial authority of a Member State requests a judicial authority of another Member State to allow a person to make observations on the matters set out in the indictment relating to him or her constitutes a European Investigation Order within the meaning of Directive 2014/41, in so far as that request for a hearing is intended to gather evidence.
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(1) OJ C C/2024/1235.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2025/1205/oj
ISSN 1977-091X (electronic edition)
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