CELEX: 62019CA0584
Language: en
Date: 2020-12-08 00:00:00
Title: Case C-584/19: Judgment of the Court (Grand Chamber) of 8 December 2020 (request for a preliminary ruling from the Landesgericht für Strafsachen Wien — Austria) — Criminal proceedings against A and Others (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European investigation order — Directive 2014/41/EU — Article 1(1) — Article 2(c)(i) and (ii) — Concepts of ‘judicial authority’ and ‘issuing authority’ — European investigation order issued by the public prosecutor’s office of a Member State — Independence from the executive)

8.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/7
            
         
      Judgment of the Court (Grand Chamber) of 8 December 2020 (request for a preliminary ruling from the Landesgericht für Strafsachen Wien — Austria) — Criminal proceedings against A and Others
      (Case C-584/19) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in criminal matters - European investigation order - Directive 2014/41/EU - Article 1(1) - Article 2(c)(i) and (ii) - Concepts of ‘judicial authority’ and ‘issuing authority’ - European investigation order issued by the public prosecutor’s office of a Member State - Independence from the executive)
      (2021/C 44/08)
      Language of the case: German
      
         Referring court
      
      Landesgericht für Strafsachen Wien
      
         Party to the main criminal proceedings
      
      A and Others
      
         Other party: Staatsanwaltschaft Wien
      
         Operative part of the judgment
      
      Article 1(1) and Article 2(c) 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 the concepts of ‘judicial authority’ and ‘issuing authority’, within the meaning of those provisions, include the public prosecutor of a Member State or, more generally, the public prosecutor’s office of a Member State, regardless of any relationship of legal subordination that might exist between that public prosecutor or public prosecutor’s office and the executive of that Member State and of the exposure of that public prosecutor or public prosecutor’s office to the risk of being directly or indirectly subject to orders or individual instructions from the executive when adopting a European investigation order.
      
         (1)  OJ C 383, 11.11.2019.