The recent decision by the Court of Justice of the European Union (CJEU) is expected to result in legal challenges regarding the use of evidence obtained from EncroChat and other encrypted phone networks that were infiltrated by law enforcement agencies. The CJEU ruled on April 30, 2024, that member states must formally notify other member states when intercepting communications within their jurisdiction. This ruling has opened the door for potential legal challenges to future EncroChat prosecutions in Germany and other countries, as it was found that France failed to comply with the required formal notification to Germany and other member states. The ruling is part of ongoing legal disputes over the lawfulness of evidence collected through a hacking operation into the EncroChat phone network, which led to thousands of arrests and the seizure of millions of euros. The CJEU’s decision primarily focuses on the sharing of evidence between EU states, clarifying the legal requirements for obtaining intercepted material from foreign investigators. Defence lawyers argue that France’s failure to provide details on how it obtained and processed intercepted messages is a breach of “defence secrecy,” making the evidence inadmissible. It will be up to individual national courts to interpret the CJEU judgment and decide whether to admit EncroChat evidence on a case-by-case basis. Overall, the CJEU ruling is expected to have a significant impact on the admissibility of EncroChat evidence and may lead to the reopening of some cases.
Potential legal challenges may arise following the European Court of Justice’s ruling on EncroChat in Germany
