Supreme Court ruling on complaint against seizure based on a European Investigation Order (EIO)
Supreme Court ruling on complaint against seizure based on a European Investigation Order (EIO)
On 19 November 2024, the Supreme Court, in line with one of the cassation complaints of Linda van der Hut and the conclusion of the Advocate General, annulled the decision of the District Court of Noord-Holland declaring the complaint unfounded.
The Supreme Court reiterates the relevant considerations from HR 22 April 2022, ECLI:NL:HR:2022:653 and further considers (our translation):
‘It follows from the considerations of the court that the prosecution did not submit the EIO to the court, but that the prosecutor sufficed to outlining the content of the EIO in broad terms for the purpose of the court’s assessment of the complaint. The court rejected the request to adjourn the hearing of the case, which was aimed at the prosecutor submitting all documents relating to the case and the court taking cognizance of them, because in the court’s opinion, now that the prosecutor is aware of the issued EIO, the existence of the EIO must be assumed. The court then ruled on the complaint without itself taking cognizance of the EIO. However, from the court’s considerations under 2.4 it follows that the obligation of confidentiality does not extend to the court which must rule on the complaint. After all, the court must include that document in the assessment of the complaint as referred to in 2.3. The apparent judgment of the court that the chamber could rule on the complaint without taking cognizance of the EIO is therefore incomprehensible.’
Read the full decision of the Supreme Court here: https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2024:1685&showbutton=true&idx=8
