Case C-670/22, M.N. (EncroChat), Judgement of the Court of 30 April 2024 (Grand Chamber)

Clarifications regarding the concept of “issuing

authority” under Directive 2014/41 and the

substantive conditions for issuing an EIO for the

transmission of evidence already in the possession

of the competent authorities of the executing State

– the issuing of such an EIO should be subject to

the same substantive conditions as those that apply

in the issuing State in relation to the transmission

of that evidence and not its gathering; Distinction

between judicial review of the lawfulness of the

collection of evidence in the executing MS and of

the conditions for issuing an EIO in the issuing

MS; Admissibility of evidence obtained in a

manner contrary to EU law – duty to disregard

such evidence if the suspect is not in a position to

comment effectively on that and the said evidence

is likely to have a preponderant influence on the

findings of fact.