A new CJEU decision regarding the EIO form


Recently, the CJEU got its first chance to interpret some provision of the Directive 2014/41/EU regarding the European Investigation Order in criminal matters. The ruling (C-324/17, Gavanozov, 24 October 2019) concerns difficulties which the Specialised Criminal Court of Bulgaria encountered difficulties in completing Section J of the EIO form set out in Annex A to Directive 2014/41, which deals with legal remedies. The referring court noticed that Bulgarian law does not provide for any legal remedy against decisions ordering a search, a seizure or the hearing of witnesses. The referring court in Bulgaria therefore asked, »in essence, whether Article 5(1) of [...]