Member States shall ensure that the measures to preserve
evidence are revoked or otherwise cease to have effect, upon
request of the defendant, without prejudice to the damages which
may be claimed, if the applicant does not institute, within a reasonable
period, proceedings leading to a decision on the merits of
the case before the competent judicial authority, the period to be
determined by the judicial authority ordering the measures where
the law of a Member State so permits or, in the absence of such
determination, within a period not exceeding 20 working days or
31 calendar days, whichever is the longer.