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Document 62022CN0281

Case C-281/22: Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 25 April 2022 — G.K., B.O.D. GmbH, S.L.

OJ C 318, 22.8.2022, p. 23–23 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

22.8.2022   

EN

Official Journal of the European Union

C 318/23

Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 25 April 2022 — G.K., B.O.D. GmbH, S.L.

(Case C-281/22)

(2022/C 318/32)

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Accused and appellant: G.K., B.O.D. GmbH, S.L.

Other party to the proceedings: Austrian European Delegated Prosector

Questions referred

1.

Must EU law, in particular the first subparagraph of Article 31(3) and Article 32 of Council Regulation (EU) 2017/1939 of 12 October 2017 concerning the implementation of enhanced cooperation with a view to the establishment of a European Public Prosecutor’s Office (EPPO), (1) be interpreted as meaning that, in the case of cross-border investigations in the event that a court must approve a measure to be carried out in the Member State of the supporting European Delegated Prosecutor, all material aspects, such as criminal liability, suspicion of a criminal offence, necessity and proportionality, must be examined?

2.

Should the examination take into account whether the admissibility of the measure has already been examined by a court in the Member State of the European Delegated Prosecutor handling the case on the basis of the law of that Member State?

3.

In the event that the first question is answered in the negative and/or the second question in the affirmative, to what extent must a judicial review take place in the Member State of the supporting European Delegated Prosecutor?

(1)  OJ 2017 L 283, p. 1.

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