On 16 December 2021 the CJEU delivered a judgment in the case C-724/19 providing the interpretation of Article 2 (c)(i), Article 6 and Article 9(1) and (3) the EIO Directive.

The court ruled that prosecutor, during the pre-trial proceedings, does not have a competence to issue an European Investigation Order for obtaining 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. The recognition 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.

The full text of the judgment can be found on the CURIA website and in the EIO section of the Judicial Library.