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Key facts of the case:

The applicants were found guilty of insurance fraud as criminalised in § 212 para. 1 of the Penal Code. According to the facts as established by the courts, the applicants had staged a car crash. Some of the facts of the case were gathered through surveillance. The case had first gone through all three stages of the court procedure, and the Supreme Court had sent the case back to the Court of Appeals and indicated the correct interpretation of the § 212 of the Penal Code. The current appeal resulted from the new decision of the Court of Appeals. The applicants were of opinion that their right to fair trial had been violated as the Court of Appeals had not, during the second round of proceedings, followed the principles of fair trial and did not analyse the case on all sides but only formally and technically applied the interpretation provided by the Supreme Court. They especially contested the evidence found through surveillance and in this relation referred to the Directive 2006/24/EU and the decision of the ECJ from 8 April 2014 in case No. C-293/12.

Outcome of the case:

The appeal for cassation was dismissed.