Subsection 2: Provisions relating to the recognition and enforcement by the French judicial authorities of a European Investigation Order issued by another Member State

The magistrate to whom the matter is referred shall refuse to recognise or execute a European investigation order in one of the following cases: 1° If a privilege or immunity is an obstacle to its execution; where such privilege or immunity is likely to be lifted by a French authority, recognition and execution of the decision shall be refused only after the magistrate seised has addressed a request for the…

The categories of offences for which an investigation decision may not be refused pursuant to 8° of article 694-31 are as follows:

The measures for which an investigation decision may not be refused pursuant to 8° and 9° of Article 694-31 are as follows: 1° Obtaining information or evidence which is already in the possession of the French authorities and which could have been obtained, pursuant to national law, in the context of criminal proceedings or for the purposes of the European Investigation Order; 2° Obtaining information contained in automated processing of…

If the execution of the European Investigation Order is likely to harm essential national security interests, endanger the source of information or involve the use of information that has been classified pursuant to the provisions of article 413-9 of the Penal Code and relating to intelligence activities, the provisions of articles 694-4 and 694-4-1 of this Code shall apply, and recognition or enforcement of the European Investigation Order may be…

The judge hearing the case shall take the decision on the recognition or execution of the European Investigation Order with the same speed and priority as in similar national proceedings and no later than thirty days after receipt of the European Investigation Order. If it is not possible, in a specific case, to meet this deadline, it shall inform the competent authority of the issuing State without delay by any…