The EncroChat Judgment (Case C-670/22, MN): CJEU Steering a Bold Course through the Symplegades of Evidence Admissibility

On 30 April 2024, the Grand Chamber of the Court of Justice of the EU (CJEU) delivered a landmark ruling in the MN case (C-670/22), scrutinising the transfer of evidence related to the EncroChat network. Long anticipated, the decision addressed previous dispute between German Courts over the compatibility of using EncroChat data as evidence in criminal proceedings with fundamental rights. In its decision, the Court not only clarified the modalities of the issuance and execution of an European Investigation Order (EIO), underscoring its commitment to ensuring the efficacy of judicial cooperation tools, but also focused on guaranteeing fair trial and defence rights. It ruled that evidence acquired in violation of these rights must be excluded from criminal proceedings, establishing a new approach to evidence admissibility and marking a significant moment for the protection of fundamental rights.