Thou Shalt (Not) Sample?

This article aims to provide a comparative analysis of the post-2014 U. S. and German sampling rulings that have made significant steps towards a more relaxed (but still limited) practice of sampling activities. The paper starts with a short summary of the pre-2014 status quo of this field (Part I). It is followed by the introduction of the most recent American (Part II) and German sampling rulings (Part III). Part IV provides for a critical analysis of the latest developments, and discusses the possible outcomes of the pending Pelham case of the Court of Justice of the European Union (hereinafter: CJEU).