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)
Date: 2025-01-09
Institutions: Court of Justice
Subjects: European arrest warrant, charge, detention before trial, evidence, judicial investigation








C_202501205EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1205


3.3.2025






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


(Case C-583/23,
                (1)
Delda)
                (2)

(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

Cour de cassation

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.






(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)