German Constitutional Court does not admit EncroChat complaint
The Federal Constitutional Court did not admit the complaint in 2 BvR 684/22 on 1 November 2024. Published on 3 December, the decision concerns a particular conviction, not a general ban on EncroChat evidence.
A man convicted in Hamburg challenged French EncroChat evidence. He alleged inadequate consideration of his objections, a failure to refer questions to the EU Court and violations of privacy rights.
The Court found the constitutional complaint insufficiently substantiated and therefore inadmissible. It additionally noted that no breach of this complainant’s fundamental rights was ascertainable on the procedural facts relevant to the case.
The man had received five years for ten drug-trafficking offences and admitted most of them. EncroChat data supported findings on the remaining acts. The Federal Court of Justice had dismissed his earlier appeal on points of law on 2 March 2022 in case 5 StR 457/21.
