Facts
The Office of the Attorney General of the Confederation (OAG) authorized the immediate transmission to France of data collected in the context of telephone surveillance, while prohibiting its use for evidentiary purposes and reserving a final decision of refusal. [C.] , one of the persons targeted by this surveillance, appealed against this decision to the Court of Complaints of the Federal Criminal Court, which declared his appeal inadmissible. [C.] then brought the case before the Federal Tribunal.Considerations
The Federal Tribunal ruled that the advance transmission of the results of telephone surveillance to the French authority, without the appellant having been informed and given the opportunity to assert his objections, must be considered as having the same effects as a final decision of closure. Consequently, the appeal is admissible. On the merits, the Federal Tribunal considered that the advance transmission of the results of telephone surveillance is not admissible under…