Judgment of the Court (Second Chamber) of 10 July 2025 (request for a preliminary ruling from the Kammergericht – Germany) – Criminal proceedings

(Case C-635/23,  (1) WBS GmbH)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - European Investigation Order (EIO) - Directive 2014/41/EU - Article 2(c)(ii) - Concept of ‘other competent authority acting in its capacity as an investigating authority in criminal proceedings’ - Competence to order the gathering of evidence in accordance with national law - Search measures requiring the authorisation of an investigating judge - Article 6(1) and (2) - Conditions for issuing an EIO)

(C/2025/4719)

Language of the case: German

Referring court

Kammergericht

Party in the main proceedings

WBS GmbH

Other party:

Generalstaatsanwaltschaft Berlin

Operative part of the judgment

Article 2(c)(ii) 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 it is possible to treat as an ‘issuing authority’, within the meaning of that provision, an administrative authority as defined by the issuing State which, in the specific case, is acting in its capacity as an investigating authority in criminal proceedings and whose investigative measures involving an interference with the fundamental rights of the person concerned must, in accordance with national law, first be authorised by a judicial authority.

---

(1)  OJ C, C/2024/934.