Austrian Supreme Court rejects Sky ECC objections in heroin case
Austria’s Supreme Court rejected objections to Sky ECC evidence in a heroin case on 7 January 2026. Only the confiscation of objects required a fresh hearing; the other parts of the judgment were left intact by this decision.
Cases 13 Os 118/25i and 13 Os 119/25m followed a Graz conviction of 7 March 2025. The established offences included organising a two-kilogram heroin delivery and offering at least 117 kilograms to undercover officers. Evidence included recorded conversations, investigators’ observations, accounts from DEA officers and Sky ECC data.
The court said requests for raw data and other documents failed to identify the specific facts they were intended to prove. It found insufficient support for the assertion that decryption software had been installed on phones in Austria. It assessed the data transfer on the factual basis, not effectively challenged in this case, of an investigation into a French server and a European Investigation Order.
Confiscation of objects lacked findings on ownership and the required proportionality assessment. That part was returned to the Graz trial court. Appeals concerning the sentence and the separate forfeiture of proceeds were referred to the Higher Regional Court in Graz.
