Judgment_paragraph 95 · Criminal proceedings against V.S (C-205/21)

95In particular, as the Advocate General has noted, in essence, in point 36 of his Opinion, the third question is based on the hypothesis that the preliminary stage of the criminal procedure, during which enforcement of collection of the biometric and genetic data concerning an accused person in order for them to be entered in a record takes place, will be followed by a judicial stage. If the existence of sufficient items of incriminating evidence, a necessary condition in order for the person concerned to be capable of being compelled to consent to the collection of his or her biometric and genetic data, cannot be verified at the time of the application for authorisation of enforcement, it will necessarily have to be capable of being verified in that judicial stage, during which the court hearing the case must have the ability to consider all the relevant issues of fact and of law, in particular in order to verify whether those biometric and genetic data have been obtained in breach of the rights guaranteed by EU law to the person concerned (see, to that effect, judgment of 6 October 2020, État luxembourgeois (Right to bring an action against a request for information in tax matters), C‑245/19 and C‑246/19, EU:C:2020:795, paragraphs 81 to 83 and the case-law cited).