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Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014

ECJ Grand Chamber – 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 V Skouris, … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 8 Apr 2014

Royal Mail Group Ltd v Communication Workers Union: CA 14 Oct 2009

Royal Mail had transferred some of its businesses. The union complained that the company’s explanation of the effect of the transfer to its members was incorrect in law. The EAT had found that the employer need only tell the employee of its honestly held belief (in this case as to whether automatic transfers would take … Continue reading Royal Mail Group Ltd v Communication Workers Union: CA 14 Oct 2009

Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access … Continue reading Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018

Ireland v Parliament and Council: ECJ 10 Feb 2009

ECJ (Approximation of laws) Action for annulment – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Choice of legal basis V Skouris, P [2009] 2 CMLR 37, [2009] ECR I-593, [2009] EUECJ C-301/06, [2009] All ER (EC) 1181 Bailii Directive 2006/24/EC European Cited by: … Continue reading Ireland v Parliament and Council: ECJ 10 Feb 2009

Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court. Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention … Continue reading Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

Commission of The European Communities v Ireland – C-202/09: ECJ 26 Nov 2009

ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Respect for private life – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period ECLI:EU:C:2009:736, [2009] EUECJ C-202/09 … Continue reading Commission of The European Communities v Ireland – C-202/09: ECJ 26 Nov 2009

Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013

ECJ Opinion – Electronic communications – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Validity – Article 5(4) TEU – Proportionality of action of the European Union – Charter of Fundamental Rights – Article 7 – Respect for privacy – Article 8 – Protection … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013

European Commission v Kingdom of Sweden: ECJ 30 May 2013

ECJ Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260 TFEU – Pecuniary penalties – Imposition of a lump sum payment … Continue reading European Commission v Kingdom of Sweden: ECJ 30 May 2013

Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015

The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015