EU Court Rules Auditors Must Allow Criminal Interviews of Officials
EU General Court annulled auditors’ refusal to allow EPPO interviews with officials.
Why it matters: The ruling strengthens the European Public Prosecutor’s Office's authority and sets a precedent against institutional resistance, promoting transparency and accountability in EU bodies under criminal investigation.
- June 10, 2026: EU General Court annulled the European Court of Auditors’ refusal to lift officials’ confidentiality.
- The EPPO opened a criminal investigation in December 2022 after an OLAF report on recruitment irregularities in July 2022.
- Between February 2023 and April 2024, EPPO repeatedly requested lifting confidentiality for 12 officials, which the Court of Auditors blocked.
- The EPPO filed an appeal (case T-99/25) on February 10, 2025; the court affirmed no institution is above criminal investigation obligations.
On June 10, 2026, the EU General Court ruled that the European Court of Auditors (ECA) unlawfully refused to lift the duty of confidentiality for 12 officials, allowing the European Public Prosecutor’s Office (EPPO) to interview them in connection with a criminal investigation. This ruling arose from a clash between EU institutions over transparency in criminal probes.
The EPPO’s investigation began in December 2022 following a July 2022 report by the European Anti-Fraud Office (OLAF) that raised concerns about possible irregularities related to the recruitment and establishment of an official within the Court of Auditors. Between February 2023 and April 2024, the European Chief Prosecutor made repeated formal requests to the President of the Court of Auditors to lift both the confidentiality obligations of the officials and the inviolability of the institution's premises.
Despite these requests, the ECA blocked the EPPO’s efforts citing internal confidentiality rules, which led the EPPO to file an appeal at the Court of Justice of the European Union (case number T-99/25) on February 10, 2025.
In its decision, the General Court emphasized that EU institutions cannot invoke internal confidentiality provisions to obstruct or delay criminal investigations. The ruling reinforces the EPPO’s mandate to ensure investigations affecting the EU’s financial interests are not impeded by institutional barriers.
Pia Engelbrecht-Bogdanov of Transparency International EU commented, "In a win for EU institutional accountability, the EU General Court has today sided with the European Public Prosecutor’s Office in its pursuit to lift the immunity of 12 staff members of the European Court of Auditors (ECA) in an investigation into potential wrongdoing."
This development highlights a crucial balance between maintaining necessary confidentiality in EU bodies and ensuring rigorous accountability and cooperation with law enforcement. It serves as a legal benchmark confirming that no EU institution can place itself above the law when criminal investigations are at stake.
By the numbers:
- July 2022 — OLAF’s report on potential recruitment irregularities at the Court of Auditors
- December 2022 — EPPO opened a criminal investigation
- February 10, 2025 — EPPO filed an appeal against the Court of Auditors' refusal to cooperate
- June 10, 2026 — EU General Court annulled refusal to lift confidentiality