Dutch Supreme Court 2026: EncroChat objections do not exclude evidence
On 14 April 2026, the Dutch Supreme Court reconsidered the implications of the European EncroChat judgment. Use of the French investigation results survived in this case. A limited sentence reduction followed for procedural delay, not unlawful interception.
In ECLI:NL:HR:2026:650, case 24/02527, the defence argued that European judgment C-670/22 required further examination of the French interception and data transfer. It sought documents, witnesses and new European questions. The conviction concerned preparations for hard-drug importation and habitual money laundering.
The Supreme Court maintained its earlier framework and distinguished a European Investigation Order from cooperation within a joint investigation team. Dutch authorities had advance knowledge and had agreed in this case; a Dutch investigating judge had granted conditional authorisation before interception. The Supreme Court found no irregularity affecting use of the transferred results here.
The remaining appeal was dismissed. The prison term fell from six years and nine months to six years and five months because the reasonable-time requirement had been breached.
