(Luxembourg, 10 June 2026) – Underlining the fundamental principles of sincere cooperation and institutional balance, which require each EU institution to act strictly within the limits of the powers conferred on it by the Treaties, the General Court of the European Union today annulled the decision of the European Court of Auditors (ECA) refusing the EPPO’s request, under Article 19 of the Staff Regulations, to authorise the disclosure by staff members of information acquired in the performance of their duties.
European Chief Prosecutor, Laura Kövesi, welcomes the judgment of the General Court in its appeal case (T-99/25): “This is a landmark ruling, the consequences of which will, I hope, be fully understood across all the institutions, bodies, offices and agencies of the EU. The Court of Justice of the EU made it crystal clear: EPPO investigations are in the interest of the EU, and institutions receiving requests for lifting of immunities cannot determine the conditions under which the EPPO is authorised to conduct these investigations. Confidentiality rules and immunities exist to protect the proper functioning of institutions, not to prevent the truth from being established. The EPPO will continue to fulfil its mandate independently and impartially, guided only by evidence and the law.”
In its judgment, the General Court ruled more in detail that the “interests of the Union” which may justify a refusal of permission to disclose in legal proceedings work-related information must necessarily be interests of considerable importance which are vital to the European Union, which was not apparent from the disputed decision.
Additionally, the Court clearly held that the ECA’s position -which linked the hearing of witnesses to the issue of immunity for the persons under investigation- was based on an incorrect interpretation of EU law.
The Court made clear that the power to assess whether immunity should be waived could not confer on the institution in question the authority to second-guess the EPPO’s assessment of the facts underlying the investigation or the manner in which the investigation is conducted. This would otherwise result in depriving the EPPO of the possibility of fully exercising the powers conferred on it by Article 28(1) of the EPPO Regulation.
Regarding EPPO’s previous requests to waive immunity, the General Court found that no valid decision has been taken by the European Court of Auditors, and that it is in the interest of the European Union to enable the EPPO to gather additional evidence throughout the investigation, including through the testimony of officials of the European Union.
This decision will allow the EPPO to continue its investigation by impartially gathering evidence for or against the person or persons under investigation, and take any measures that may be appropriate in accordance with the applicable legal framework.
The EPPO is the independent public prosecution office of the European Union. It is responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU.