(AGENPARL) – Tue 08 April 2025 PRESS RELEASE No 45/25
Luxembourg, 8 April 2025
Judgment of the Court in Case C-292/23 | European Public Prosecutor’s Office (Judicial review of
procedural acts)
The procedural acts of the European Public Prosecutor’s Office (EPPO) that
are capable of affecting the legal situation of the persons challenging them
must be amenable to judicial review
However, it is not mandatory for that review to take the form of a direct action, provided that it includes a
verification that the rights and freedoms of the person concerned are observed
The procedural acts of the EPPO that are capable of affecting the legal situation of the persons challenging them
must be amenable judicial review. It is for the national court to determine whether that is the case, by means of a
concrete and specific examination.
However, the review does not have to take the form of a direct action unless that type of action is provided for in the
national law for the purpose of directly challenging an analogous decision of the national authorities.
The EPPO is an independent body of the European Union which is responsible for investigating, prosecuting and
bringing to judgment the perpetrators of criminal offences affecting the financial interests of the European Union. It
is organised at two levels: first, a central level, consisting of the Central Office at the seat of the EPPO, in
Luxembourg, and, secondly, a decentralised level, consisting of European Delegated Prosecutors who are to be
located in the Member States.
The EPPO is conducting, in Spain, a criminal investigation for EU subsidy fraud. The European Delegated Prosecutors
handling the case summoned two persons as witnesses.
The persons who are the subject of the investigation challenged the summons to appear of one of the witnesses.
The court responsible, in Spain, for the judicial review of investigation measures of the EPPO, has seised the Court of
Justice. It indicates that the Spanish law permits judicial review only in certain cases expressly provided for, which do
not include a witness summons. It considers, however, that that act is capable of producing legal effects vis-à-vis
third parties. It considers, therefore, that it should be possible to exercise the review, which is provided for by EU
law, 1 for this type of act in order to avoid an unjustified restriction of rights derived from EU law.
In its judgment, the Court emphasises that it is for the competent national court to determine, after carrying out
a concrete and specific examination, whether the witness summons is capable of affecting the legal situation of
the persons who are the subject of the investigation. If that is the case, it must be subject to judicial review by the
court.
That requirement does not necessarily mean that that review must be made by way of a specific and direct action.
It may also be carried out as an incidental question provided that the right to an effective remedy and to a fair
trial as well as the presumption of innocence and the rights of the defence are guaranteed.
Communications Directorate
Press and Information Unit
curia.europa.eu
However, where a direct action is provided for in order to challenge an analogous decision of national
authorities, the same possibility must exist as regards acts of the EPPO.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which
have been brought before them, to refer questions to the Court of Justice about the interpretation of EU law or the
validity of an EU act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to
dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or
tribunals before which a similar issue is raised.
Unofficial document for media use, not binding on the Court of Justice.
The full text and, as the case may be, an abstract of the judgment is published on the CURIA website on the day of
delivery.
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Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public
Prosecutor’s Office.
Communications Directorate