Recital 78

When assessing whether conflicting obligations exist, the competent court should determine whether the law of the third country is applicable and, if so, whether the law of the third country prohibits disclosure of the data concerned. Where the competent court establishes that the law of the third country prohibits disclosure of the data concerned, that court should determine whether to uphold or lift the European Production Order, by weighing a number of elements which are designed to ascertain the strength of the connection to either of the two jurisdictions involved, the respective interests in obtaining or instead preventing the disclosure of the data, and the possible consequences for the addressee or for the service provider of complying with the order. Particular importance and weight should be given to the protection of fundamental rights by the relevant law of the third country and other fundamental interests, such as national security interests of the third country, as well as the degree of connection between the criminal case and either of the two jurisdictions when conducting the assessment. Where the court decides to lift the order, it should inform the issuing authority and the addressee. If the competent court determines that the order is to be upheld, it should inform the issuing authority and the addressee, and that addressee should proceed with the execution of that order. The issuing authority should inform the enforcing authority about the outcome of the review procedure.