Paragraph 1: Recognition of European investigation decisions

The magistrate to whom the matter is referred shall refuse to recognise or execute a European investigation order in one of the following cases:

1° If a privilege or immunity is an obstacle to its execution; where such privilege or immunity is likely to be lifted by a French authority, recognition and execution of the decision shall be refused only after the magistrate seised has addressed a request for the lifting of such privilege or immunity to the competent authority without delay and the privilege or immunity has not been lifted ; if the French authorities are not competent, the request for waiver is left to the issuing State;

2° If the request for investigation is contrary to the provisions relating to the establishment of criminal liability for press offences in the loi du 29 juillet 1881 sur la liberté de la presseet de la loi n° 82-652 du 29 juillet 1982 sur la communication audiovisuelle;

3° If the decision relates to the transmission of information that has been classified pursuant to the provisions of Article 413-9 of the Penal Code; in this case, recognition and enforcement of the decision shall be refused only after the magistrate to whom the matter is referred has sent the competent administrative authority, without delay, a request for declassification and communication of the information pursuant to article L. 2312-4 du code de la défense and this request has not been accepted; if the declassification request is partially accepted, the recognition and execution of the European Investigation Order may only relate to the declassified information;

4° If the request relates to a procedure mentioned in article 694-29 of this code and which does not relate to a criminal offence, where the measure requested would not be authorised by French law in the context of similar national proceedings ;

5° If the execution of the investigative decision or the evidence likely to be transferred as a result of its execution could lead to the prosecution or punishment anew of a person who has already been finally judged, for the acts which are the subject of the decision, by the French judicial authorities or those of another Member State of the European Union where, in the event of conviction, the sentence has been served, is being served or can no longer be brought back for enforcement under the laws of the convicting State ;

6° Si les faits motivant la décision d'enquête européenne ne constituent pas une infraction pénale selon la loi française alors qu'ils ont été commis en tout ou en partie sur le territoire national et qu'il existe des raisons sérieuses de penser qu'ils n'ont pas été commis sur le territoire de l'Etat d'émission;

7° If there are serious grounds for believing that execution of the investigative measure would be incompatible with France's respect for the rights and freedoms guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union ;

8° If the facts giving rise to the investigation decision do not constitute a criminal offence under French law, unless they relate to a category of offences mentioned in Article 694-32 and punishable in the issuing State by a custodial sentence or detention order for a period of at least three years, or unless the measure requested is one of those mentioned in Article 694-33 ;

9° If the measure requested is not authorised by this Code for the offence giving rise to the investigation decision, unless it is one of the measures mentioned in article 694-33.

In the cases mentioned in 1°, 2°, 5°, 6° and 7° above, before deciding not to recognise or execute, in whole or in part, a European Investigation Order, the magistrate to whom the case is referred shall consult the issuing authority by any appropriate means and, where appropriate, shall request that authority to provide any necessary information without delay.

The magistrate hearing the case shall inform the issuing authority, without delay and by any means capable of producing a written record, of any decision taken pursuant to this Article.