EKOFRUKT (Judgment) French Text [2022] EUECJ C-362/21 (20 October 2022)

EKOFRUKT (Judgment) French Text [2022] EUECJ C-362/21 (20 October 2022)

Article 25(1) of Regulation (EU) No 910/2014 does not prevent national courts from declaring an electronic administrative act null if signed with a non-qualified electronic signature, provided nullity is not based solely on the electronic form. Absence of a qualified certificate is sufficient to deny qualification...

Source-derived case information.

Citation
[2022] EUECJ C-362/21
Parties
Applicant: Ekofrukt EOOD; Respondent: Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Administrativen Sad Veliko Tarnovo
Outcome
Preliminary questions answered; guidance provided to referring court.
Legal Topics
Electronic Signatures, Qualified Electronic Signature, E IDAS Regulation, Administrative Acts, Evidence Law
European Union Law Administrative Law Information Technology Law Electronic Signatures Qualified Electronic Signature E IDAS Regulation Administrative Acts Evidence Law

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Parties

Ekofrukt EOOD

Applicant

Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Administrativen Sad Veliko Tarnovo

  1. 1 Whether an administrative act in electronic form signed with a non-qualified electronic signature can be declared null under Article 25(1) of Regulation (EU) No 910/2014 (eIDAS)
  2. 2 Whether the presence of a 'qualified electronic signature' in a certificate is sufficient or if all requirements of Article 26 and Annex I must be met
  3. 3 Whether the designation 'professional electronic signature' by a trust service provider precludes qualification as a 'qualified electronic signature' in the absence of a qualified certificate

Ratio Decidendi

Article 25(1) of Regulation (EU) No 910/2014 does not prevent national courts from declaring an electronic administrative act null if signed with a non-qualified electronic signature, provided nullity is not based solely on the electronic form. Absence of a qualified certificate is sufficient to deny qualification as a 'qualified electronic signature.' The mere presence of a signature in a certificate is insufficient; all cumulative requirements must be met and verified by the national court if contested. Transliteration of the signatory's name does not preclude qualification if unique linkage and identification are ensured.

Court Disposition

Preliminary questions answered; guidance provided to referring court.

Orders

  • Article 25(1) of Regulation (EU) No 910/2014 does not preclude nullity of an electronic administrative act signed with a non-qualified electronic signature, unless nullity is based solely on electronic form.
  • Absence of a qualified certificate suffices to deny status as a 'qualified electronic signature.'