Austrian Supreme Court rejects Sky ECC nullity challenge
On 3 September the OGH rejected objections to reading French Sky ECC data in a drugs case. Sentence appeals were referred to the Vienna appellate court.
The defence argued that interception would not have been permitted in a comparable Austrian case. It also relied on notification rules for foreign interception.
The OGH stressed that France had obtained the data independently, without initiation or assistance by Austrian law enforcement. It held that the invoked Austrian exclusionary rule did not cover such independent foreign measures.
The notification objection also failed: before notification, the ruling found no obligation on Austrian prosecutors to prohibit the measure.









































