10.6.2014

Official Journal of the European Union

C 175/6

(Joined Cases C-293/12 and C-594/12) (<span class="super">1</span>)

((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))

2014/C 175/07

Languages of the case: English and German

Referring courts

High Court of Ireland, Verfassungsgerichtshof

Parties to the main proceedings

Applicants: Digital Rights Ireland Ltd (C-293/12), Kärntner Landesregierung, Michael Seitlinger, Christof Tschohl and others (C-594/12)

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 (C-293/12)

intervener: Irish Human Rights Commission

Re:

(Case C-293/12)

Request for a preliminary ruling — High Court of Ireland — Interpretation of Articles 3, 4 and 6 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) — Limitation of the rights of the applicant with regard to mobile telephony — Compatibility with Article 5(4) TEU and with Article 21 TFEU — Compatibility with Articles 7, 8, 11 and 41 of the Charter of Fundamental Rights of the European Union

Request for a preliminary ruling — Verfassungsgerichtshof — Validity of Articles 3 to 9 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) in the light of Articles 7, 9 and 11 of the Charter of Fundamental Rights of the European Union — Interpretation of the Charter of Fundamental Rights of the European Union, in particular Articles 7, 8, 52 and 53 thereof, of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31), and of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data — Constitutional application concerning the possible unconstitutionality of certain provisions of the Austrian Federal Law on Telecommunications transposing 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

Operative part of the judgment

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 is invalid.

(<span class="super">1</span>) OJ C 258, 25.8.2012.

OJ C 79, 16.3.2013.