Eurojust assisted national judicial authorities with over 6 000 cases involving an EIO in 2023. Compared to 2022, the number of new cases involving an EIO handled by the Agency increased by 10%. Overall, the number of cases involving an EIO referred to Eurojust increased by 16% in 2023 compared to the previous year.

Eurojust support to national authorities with the drafting and execution of EIOs

During 2023, the Agency continued to provide support and advice to national authorities throughout the full life cycle of the EIO, from the drafting to the execution phase. For instance, Eurojust assisted in obtaining clarifications or additional information prior to the execution of an EIO. The Agency also facilitated the execution of urgent EIOs and, in multilateral cases, often ensured coordination between the execution of different EIOs in several Member States.

In addition, Eurojust supported several cases involving an EIO where legal or practical issues arose, such as requests for a hearing by videoconference. Several cases showed that in some countries it is not possible to hear an accused person by videoconference during the trial phase or that there are differences in procedures depending on the status of a person (witness, suspect or accused). Eurojust also continued to support cases with EIOs related to encrypted communication platforms and the cross-border exchange of such evidence.

EIO-related issues

Eurojust’s Judicial Cooperation Instruments Team discussed EIO-related legal issues arising from Eurojust casework in 2023 and during the 10th Round of mutual evaluation visits. For example, they examined whether the rule of speciality also applies in the context of an EIO, as well as issues related to the interception of telecommunications and the conditions for using spontaneously exchanged information as evidence.

Evaluating the application of the EIO

The EIO is the instrument evaluated in the 10th Round of mutual evaluations. In 2023, Eurojust participated as an observer in all 20 of the evaluation visits organised. The remaining five visits are scheduled to take place in 2024. Despite the frequent use of the EIO, the visits so far have shown that several practical and legal challenges need to be addressed to further improve the smooth and consistent functioning of the EIO. These issues are reflected in Eurojust’s casework. The final report on the 10th round of mutual evaluations is expected to be published by the Council of the European Union in 2024.

Case-law of the Court of Justice of the European Union on the EIO

Throughout 2023, the Agency monitored the relevant case-law of the Court of Justice of the European Union. In 2024, Eurojust plans to publish the first edition of a related overview as a useful tool for judicial authorities.

Suspect arrested for laundering money obtained from world-leading ransomware attack network, Hive

Crime: A Cypriot resident, born in Russia, is suspected of laundering money obtained from Hive, one of the world's leading ransomware attack networks, to the detriment of 59 French victims. Globally, Hive is accused of targeting 1 500 entities in 80 countries and collecting more than USD 100 million in ransoms. The suspect is believed to have channelled millions of dollars through his wallets.

Action: Thanks to Eurojust’s assistance with a swift execution of an EIO, more than EUR 570 000 in cryptocurrency is seized during a search of the suspect’s Cypriot home. The suspect is arrested in Paris, France on 5 December 2023 by investigators from OFAC, the cybercrime unit under the Paris Public Prosecutor's Office.

Result: On 9 December 2023, the suspect is indicted for the offences of fraudulently accessing and remaining in an automated data processing system, fraudulently introducing and modifying such data, obstructing the operation of such a system and laundering these offences as part of an organised gang.

Eurojust's Role: The case is opened at the French Desk at Eurojust, which liaises closely with the Cypriot National Desk to facilitate the execution of the EIO, to request a house search in Cyprus with the presence of the French police. The Cypriot authorities are able to execute the EIO by organising and conducing the search in less than 96 hours, leading to the suspect’s arrest and the seizure of the cryptocurrencies.