Subsection 3: Provisions relating to the recognition and enforcement by the French judicial authorities of a European Investigation Order issued by another Member State

The public prosecutor or examining magistrate of the territorially competent judicial court to whom the European Investigation Order is addressed shall acknowledge receipt thereof without delay, and in any event within one week of receipt, using the form set out in Annex B to Directive 2014/41/EU of 3 April 2014 referred to above.

If the EIO is mistakenly addressed to the public prosecutor or to a public prosecutor who does not have territorial jurisdiction, the latter shall forward it without delay to the public prosecutor or investigating magistrate of the judicial court with territorial jurisdiction and shall immediately inform the issuing authority using the form in Annex B referred to above. .

If the investigation decision has not been issued or validated by a judicial authority, or if it has not been drafted or translated into French, or if Annex A is not complete, the decision is returned to the issuing authority for regularisation.

Instructions ordering the execution of the requested measure shall constitute recognition of the investigation decision and need not be notified to the issuing authority.

Where the formalities and procedures expressly indicated by the issuing authority in the European Investigation Order cannot be complied with, the magistrate to whom the matter has been referred shall inform the issuing authority without delay by any means capable of producing a written record. Where the investigative measure indicated in the EIO is not provided for by this Code or could not be carried out in a similar national…

Where the issuing authority has indicated in the European Investigation Decision that, because of procedural deadlines, the seriousness of the infringement or other particularly urgent circumstances, a shorter period than those provided for in Articles 694-35 and 694-37 is necessary, or if the issuing authority has indicated in the EIO that the investigative measure must be executed by a specific date, the magistrate hearing the case shall take this requirement…

If an appeal is lodged against the recognition or execution of the EIO, the magistrate hearing the appeal shall inform the issuing authority of the appeal and its outcome. .

Failure to comply with the information obligations set out in articles D. 47-1-10, D. 47-1-11, D. 47-1-14 and D. 47-1-16 does not constitute grounds for nullity.