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Case C-301/06: Judgment of the Court (Grand Chamber) of 10 February 2009 — Ireland v European Parliament, Council of the European Union (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)

ECLI:EU:UNKNOWN:62006CA0301

62006CA0301

February 10, 2009
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Official Journal of the European Union

C 82/2

(Case C-301/06)

(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)

(2009/C 82/03)

Language of the case: English

Parties

Applicant: Ireland (represented by: D. O'Hagan, acting as Agent, E. Fitzsimons, D. Barniville and A. Collins SC)

Intervener in support of the applicant: Slovak Republic (represented by: J. Čorba, acting as Agent)

Defendants: European Parliament (represented by: H. Duintjer Tebbens, M. Dean and A. Auersperger Matić, and subsequently by the latter two and K. Bradley, acting as Agents), Council of the European Union (represented by: J.-C. Piris, J. Schutte and S. Kyriakopoulou, acting as Agents)

Interveners in support of the defendants: Kingdom of Spain (represented by: M.A. Sampol Pucurull and J. Rodríguez Cárcamo, acting as Agents), Kingdom of the Netherlands (represented by: C. ten Dam and C. Wissels, acting as Agents), Commission of the European Communities (represented by: C. Docksey, R. Troosters and C. O'Reilly, acting as Agents), European Data Protection Supervisor (represented by: H. Hijmans, acting as Agent)

Re:

Annulment 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 L 105, p. 54) — Choice of legal basis

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Ireland to pay the costs;

3.Orders the Kingdom of Spain, the Kingdom of the Netherlands, the Slovak Republic, the Commission of the European Communities and the European Data Protection Supervisor to bear their own respective costs.

(1)

OJ C 237, 30.9.2006.

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