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ECLI:EU:C:2014:238
JUDGMENT OF THE COURT (Grand Chamber)
8 April 2014 (*)
(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or
public communications networks services — Retention of data generated or processed in connection with the
provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European
Union)
In Joined Cases C‑293/12 and C‑594/12,
REQUESTS for a preliminary ruling under Article 267 TFEU from the High Court (Ireland) and the
Verfassungsgerichtshof (Austria), made by decisions of 27 January and 28 November 2012, respectively, received
at the Court on 11 June and 19 December 2012, in the proceedings
Digital Rights Ireland Ltd (C‑293/12)
v
Minister for Communications, Marine and Natural Resources,
Minister for Justice, Equality and Law Reform,
Commissioner of the Garda Síochána,
Ireland,
The Attorney General,
intervener:
Irish Human Rights Commission,
and
Kärntner Landesregierung (C‑594/12),
Michael Seitlinger,
Christof Tschohl and others,
THE COURT (Grand Chamber),
composed of V. Skouris, President, K. Lenaerts, Vice-President, A. Tizzano, R. Silva de Lapuerta, T. von Danwitz
(Rapporteur), E. Juhász, A. Borg Barthet, C.G. Fernlund and J.L. da Cruz Vilaça, Presidents of Chambers, A. Rosas,
G. Arestis, J.-C. Bonichot, A. Arabadjiev, C. Toader and C. Vajda, Judges,
Advocate General: P. Cruz Villalón,
Registrar: K. Malacek, Administrator,
having regard to the written procedure and further to the hearing on 9 July 2013,
after considering the observations submitted on behalf of:
Digital Rights Ireland Ltd, by F. Callanan, Senior Counsel, and F. Crehan, Barrister-at-Law, instructed by
S. McGarr, Solicitor,
Mr Seitlinger, by G. Otto, Rechtsanwalt,
Mr Tschohl and Others, by E. Scheucher, Rechtsanwalt,
the Irish Human Rights Commission, by P. Dillon Malone, Barrister-at-Law, instructed by S. Lucey, Solicitor,
Ireland, by E. Creedon and D. McGuinness, acting as Agents, assisted by E. Regan, Senior Counsel, and
D. Fennelly, Barrister-at-Law,
the Austrian Government, by G. Hesse and G. Kunnert, acting as Agents,
the Spanish Government, by N. Díaz Abad, acting as Agent,
the French Government, by G. de Bergues and D. Colas and by B. Beaupère-Manokha, acting as Agents,
the Italian Government, by G. Palmieri, acting as Agent, assisted by A. De Stefano, avvocato dello Stato,
the Polish Government, by B. Majczyna and M. Szpunar, acting as Agents,
the Portuguese Government, by L. Inez Fernandes and C. Vieira Guerra, acting as Agents,
the United Kingdom Government, by L. Christie, acting as Agent, assisted by S. Lee, Barrister,
the European Parliament, by U. Rösslein and A. Caiola and by K. Zejdová, acting as Agents,
the Council of the European Union, by J. Monteiro and E. Sitbon and by I. Šulce, acting as Agents,
the European Commission, by D. Maidani, B. Martenczuk and M. Wilderspin, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 12 December 2013,
gives the following
Judgment
These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament
and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the
provision of publicly available electronic communications services or of public communications networks and
amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
The request made by the High Court (Case C‑293/12) concerns proceedings between (i) Digital Rights Ireland Ltd.
(‘Digital Rights’) and (ii) the Minister for Communications, Marine and Natural Resources, the Minister for Justice,
curia.europa.eu/juris/document/document.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=150642&occ=first&dir=&cid=99319 (judgment… 1/11