25.8.2012

Official Journal of the European Union

C 258/11

(Case C-293/12)

2012/C 258/18

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Digital Rights Ireland Ltd

Defendants: Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the Garda Síochána, Ireland and the Attorney General

Questions referred

1.Is the restriction on the rights of the Plaintiff in respect of its use of mobile telephony arising from the requirements of Articles 3, 4, and 6 of Directive 2006/24/EC (1) incompatible with Article 5.4 TEU in that it is disproportionate and unnecessary or inappropriate to achieve the legitimate aims of:

(a)Ensuring that certain data are available for the purposes of investigation, detection and prosecution of serious crime?

and/or

(b)Ensuring the proper functioning of the internal market of the European Union?

Specifically,

(i)Is Directive 2006/24/EC compatible with the right of citizens to move and reside freely within the territory of Member States laid down in Article 21 TFEU?

(ii)Is Directive 2006/24/EC compatible with the right to privacy laid down in Article 7 of the Charter and Article 8 ECHR?

(iii)Is Directive 2006/24/EC compatible with the right to the protection of personal data laid down in Article 8 of the Charter?

(iv)Is Directive 2006/24/EC compatible with the right to freedom of expression laid down in Article 11 of the Charter and Article 10 ECHR?

(v)Is Directive 2006/24/EC compatible with the right to Good Administration laid down in Article 41 of the Charter?

3.To what extent do the Treaties — and specifically the principle of loyal cooperation laid down in Article 4.3 of the Treaty on European Union -require a national court to inquire into, and assess, the compatibility of the national implementing measures for Directive 2006/24/EC with the protections afforded by the Charter of Fundamental Rights, including Article 7 thereof (as informed by Article 8 of the ECHR)?

(1) 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 L 105, p. 54