ECJ (Approximation Of Laws) Failure to fulfill obligations – Directive 2006/24/EC – Protection of Privacy – Retention of data generated or processed in connection with the provision of electronic communications . .
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
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
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
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
(Judgment Of The Court (Second Chamber)) Failure of a Member State to fulfil obligations – Directive 2006/24/EC- Electronic communications – Failure to transpose within the prescribed period ECLI:EU:C:2009:737, [2009] EUECJ C-211/09 Bailii European Updated: 04 December 2021; Ref: scu.526171
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
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
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
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
ECJ (Opinion) Copyright and related rights – Right to effective protection of intellectual property – Directive 2004/48/EC – Article 8 – Protection of personal data – Electronic communications – Retention of data . .
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
