03/02/2020
CURIA - Documents
2012, Kamberaj, C‑571/10, EU:C:2012:233, paragraph 41; of 26 February 2013, Åkerberg Fransson, C‑617/10,
EU:C:2013:105, paragraph 42, and of 27 February 2014, Pohotovosť, C‑470/12, EU:C:2014:101 paragraph 29).
In this case, in view of the considerations set out, in particular, in paragraphs 128 and 129 of the present
judgment, the question whether the protection conferred by Articles 7 and 8 of the Charter is wider than that
guaranteed in Article 8 of the ECHR is not such as to affect the interpretation of Directive 2002/58, read in the light
of the Charter, which is the matter in dispute in the proceedings in Case C‑698/15.
Accordingly, it does not appear that an answer to the second question in Case C‑698/15 can provide any
interpretation of points of EU law that is required for the resolution, in the light of that law, of that dispute.
It follows that the second question in Case C‑698/15 is inadmissible.
Costs
Since these proceedings are, for the parties to the main proceedings, a step in the actions pending before the
national courts, the decision on costs is a matter for those courts. Costs incurred in submitting observations to the
Court, other than the costs of those parties, are not recoverable.
On those grounds, the Court (Grand Chamber) hereby rules:
Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications), as amended by Directive
2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in the light of
Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union, must
be interpreted as precluding national legislation which, for the purpose of fighting crime, provides for
general and indiscriminate retention of all traffic and location data of all subscribers and registered
users relating to all means of electronic communication.
Article 15(1) of Directive 2002/58, as amended by Directive 2009/136, read in the light of Articles 7, 8
and 11 and Article 52(1) of the Charter of Fundamental Rights, must be interpreted as precluding
national legislation governing the protection and security of traffic and location data and, in particular,
access of the competent national authorities to the retained data, where the objective pursued by that
access, in the context of fighting crime, is not restricted solely to fighting serious crime, where access
is not subject to prior review by a court or an independent administrative authority, and where there is
no requirement that the data concerned should be retained within the European Union.
The second question referred by the Court of Appeal (England & Wales) (Civil Division) is inadmissible.
Lenaerts Tizzano Silva de Lapuerta
von Danwitz Da Cruz Vilaça Juhász
Vilaras Borg Barthet Malenovský
Levits Bonichot Arabadjiev
Rodin Biltgen Lycourgos
Delivered in open court in Luxembourg on 21 December 2016.
A. Calot Escobar
Registrar
K. Lenaerts
President
** Languages of the case: English and Swedish.
curia.europa.eu/juris/document/document.jsf?text=&docid=186492&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1088733
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