This page contains case law from the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) directly relevant to FD 2009/829/JHA and FD 2008/947/JHA, as well as contextually relevant ECtHR cases establishing the Art. 5 ECHR principles that underpin both instruments. Cases are organised by instrument, then listed in chronological order by year of judgment.

Sources: CURIA (curia.europa.eu) and HUDOC (hudoc.echr.coe.int). Case names are hyperlinked to the official judgment.

T A B L E O F C O N T E N T S

FD 2009/829/JHA — European Supervision Order (Pre-Trial Supervision Measures)

**Case T-701/18 · Campbell v European Commission 2020 Annulment action**

FD 2008/947/JHA FD 2009/829/JHA FD 2008/909/JHA Regulation 1049/2001

COURT General Court — Seventh Chamber

DATE 28 May 2020

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SUMMARY

Mr Campbell requested access to European Commission documents concerning Ireland's compliance with its obligations under the three mutual recognition FDs. The Commission denied the request, then claimed documents were covered by the general presumption of confidentiality for EU Pilot procedures. The General Court annulled the refusal decision.

KEY FINDINGS

The Commission's blanket refusal was unlawful — it failed to identify specific documents covered by the request and justify the refusal document by document or category by category.
To rely on the general presumption of confidentiality for EU Pilot procedures, the Commission must first identify and classify the relevant documents as part of such a procedure — a mere assertion is insufficient.
Establishes a right of civil society and practitioners to access Commission compliance monitoring documents on all three mutual recognition FDs. </aside>

**Case C-126/21 · Commission v Ireland 2022**

FD 2009/829/JHA Art. 258 TFEU Failure to transpose — infringement proceedings

COURT CJEU Judgment — (Eighth Chamber)

DATE 24 March 2022

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SUMMARY

The European Commission brought infringement proceedings against Ireland under Art. 258 TFEU for failure to transpose FD 2009/829/JHA (the European Supervision Order) within the required deadline. Ireland had failed to adopt and notify transposition measures despite the implementation deadline having long passed. Ireland subsequently enacted the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 and the 2021 Commencement Order, which were notified to the Commission on 5 February 2021 — but the Commission had already filed the action on 26 February 2021.

KEY FINDINGS

The Court declared that Ireland had failed to fulfil its obligations under FD 2009/829/JHA by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with the FD and to notify those measures to the Commission.
The fact that Ireland enacted transposing legislation (the 2020 Act and 2021 Order) before the judgment was delivered did not render the action inadmissible, since the infringement existed at the time of the pre-litigation deadline.
Ireland was ordered to pay the costs.
Practical significance: one of the very few enforcement actions brought specifically in relation to FD 2009/829/JHA, and the most concrete illustration of the widespread failure by Member States to implement the ESO instrument — directly evidencing the low implementation rates that explain the scarcity of case law on this FD. </aside>

FD 2008/947/JHA — Mutual Recognition of Probation Measures and Alternative Sanctions