+Article 12 1.

Article 12 1.

Where the issuing authority has notified the enforcing authority pursuant to Article 8, and without prejudice to Article 1(3), the enforcing authority shall, as soon as possible but at the latest within 10 days following receipt of the notification, or, in emergency cases, at the latest within 96 hours following such receipt, assess the information set out in the order and, where appropriate, raise one or more of the following grounds for refusal:

(a) 

the data requested are protected by immunities or privileges granted under the law of the enforcing State which prevent the execution or enforcement of the order, or the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, which prevent the execution or enforcement of the order;

(b) 

in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and in the Charter;

(c) 

the execution of the order would be contrary to the principle of ne bis in idem;

(d) 

the conduct for which the order has been issued does not constitute an offence under the law of the enforcing State, unless it concerns an offence listed within the categories of offences set out in Annex IV, as indicated by the issuing authority in the EPOC, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years.

1. Übersicht

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1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen

3. Zugehörige Standards

Standards