Case C 635/23, WBS GmbH, Judgment of 10 July 2025 (Second Chamber)

Directive 2014/41/EU – Concept of ‘other competent authority acting in its capacity as an investigating authority in criminal proceedings’ – Competence to order the gathering of evidence in accordance with national law – Search measures requiring the authorisation of an investigating judge – Conditions for issuing an EIO.

• The concept of ‘issuing authority’ under Article 2(c)(ii) of Directive 2014/41/EU includes an administrative authority as defined by the issuing State which, in the specific case, is acting in its capacity as an investigating authority in criminal proceedings and whose investigative measures involving an interference with the fundamental rights of the person concerned must, in accordance with national law, first be authorised by a judicial authority.