Judgment of the Court (Fourth Chamber) of 16 December 2021 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against HP

(Case C-724/19) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - European Investigation Order (EIO) - Directive 2014/41/EU - Article 2(c)(i) - Concept of ‘issuing authority’ - Article 6 - Conditions for issuing an EIO - Article 9(1) and (3) - Recognition of an EIO - EIO seeking to obtain traffic and location data associated with telecommunications, issued by a public prosecutor designated as ‘issuing authority’ by the national measure transposing Directive 2014/41 - Exclusive competence of the judge, in a similar domestic case, to order the investigative measure indicated in that order)

(2022/C 84/05)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party in the main proceedings

Interested party: Spetsializirana prokuratura

Operative part of the judgment

Article 2(c)(i) 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 precluding a public prosecutor from having competence to issue, during the pre-trial stage of criminal proceedings, an European Investigation Order, within the meaning of that directive, seeking to obtain traffic and location data associated with telecommunications, where, in a similar domestic case, the judge has exclusive competence to adopt an investigative measure seeking access to such data.

Article 6 and Article 9(1) and (3) of Directive 2014/41 must be interpreted as meaning that recognition, on the part of the executing authority, of an European Investigation Order issued with a view to obtaining traffic and location data associated with telecommunications may not replace the requirements applicable in the issuing State, where that European Investigation Order was improperly issued by a public prosecutor, whereas, in a similar domestic case, the judge has exclusive competence to adopt an investigative measure seeking to obtain such data.

(1) OJ C 413, 9.12.2019.