Gavanozov (European Investigation Order - Absence of legal remedies in the issuing Member State) - Judgment) [2019] EUECJ C-324/17 (24 October 2019)

Gavanozov (European Investigation Order - Absence of legal remedies in the issuing Member State) - Judgment) [2019] EUECJ C-324/17 (24 October 2019)

The judicial authority of a Member State does not, when issuing a European Investigation Order, have to include in Section J of the form a description of the legal remedies, if any, which are provided for in its Member State against the issuing of such an order.

Citation
[2019] EUECJ C-324/17
Parties
Accused: Mr Ivan Gavanozov; Referring Court: Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)
Jurisdiction
European Union
Judgment Date
24 October 2019
Procedural Posture
Preliminary Ruling (cjeu) / Interpretation of EU Law on Reference From National Court
Outcome
Preliminary ruling issued; Article 5(1) of Directive 2014/41/EU does not require inclusion of a description of legal remedies in Section J of the EIO form.
Legal Topics
European Investigation Order, Mutual Recognition of Judicial Decisions, Legal Remedies in Criminal Proceedings
Criminal Law European Union Law European Investigation Order Mutual Recognition of Judicial Decisions Legal Remedies in Criminal Proceedings

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Parties

Mr Ivan Gavanozov

Accused

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Referring Court

Procedural Posture

Preliminary Ruling (cjeu) / Interpretation of EU Law on Reference From National Court

Legal Issues

  1. 1 Whether Article 5(1) of Directive 2014/41/EU, read with Section J of Annex A, requires the issuing authority to include a description of available legal remedies in the EIO form
  2. 2 Whether Article 14 of Directive 2014/41/EU requires Member States to provide legal remedies against the issuing of an EIO
  3. 3 Who qualifies as a 'concerned party' entitled to legal remedies under Article 14

Ratio Decidendi

The judicial authority of a Member State does not, when issuing a European Investigation Order, have to include in Section J of the form a description of the legal remedies, if any, which are provided for in its Member State against the issuing of such an order.

Court Disposition

Preliminary ruling issued; Article 5(1) of Directive 2014/41/EU does not require inclusion of a description of legal remedies in Section J of the EIO form.

Orders

  • Article 5(1) of Directive 2014/41/EU, read with Section J of Annex A, does not require the judicial authority to include a description of legal remedies available in its Member State when issuing a European Investigation Order.