# C_2006178EN.01000102.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/1 |
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29.7.2006

EN

Official Journal of the European Union

C 178/1

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Judgement of the Court (Grand Chamber) of 30 May 2006 — European Parliament v Council of the European Union

(Joined Cases C-317/04 and C-318/04) (1)

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(Protection of individuals with regard to the processing of personal data - Air transport - Decision 2004/496/EC - Agreement between the European Community and the United States of America - Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection - Directive 95/46/EC - Article 25 - Third countries - Decision 2004/535/EC - Adequate level of protection)

(2006/C 178/02)

Language of the case: French

Parties

Applicant: European Parliament (represented by: R. Passos, N. Lorenz, H. Duintjer Tebbens and A. Caiola, Agents)

Applicant:

Intervener in support of the applicant: European Data Protection Supervisor (EDPS) (represented by: H. Hijmans and V. Perez Asinari, Agents)

Intervener in support of the applicant:

Defendant (in Case C-317/04): Council of the European Union (represented by: M.C. Giorgi Fort and M. Bishop, Agents)

Defendant (in Case C-317/04):

Defendant (in Case C-318/04): Commission of the European Communities (represented by: P.J. Kuijper, A. van Solinge, C Docksey and F. Benyon, Agents)

Defendant (in Case C-318/04):

Interveners in support of the defendant (in Case C-317/04): Commission of the European Communities (represented by: P.J. Kuijper, A. van Solinge and C. Docksey, Agents); United Kingdom of Great Britain and Northern Ireland (represented by: M. Bethell, C. White and T. Harris, Agents, and by T. Ward, Barrister)

Interveners in support of the defendant (in Case C-317/04)

Intervener in support of the defendant (in Case C-318/04): United Kingdom of Great Britain and Northern Ireland (represented by: M. Bethell, C. White and T. Harris, Agents, and by T. Ward, Barrister)

Intervener in support of the defendant (in Case C-318/04)

Re:

Action for annulment: annulment of Council Decision 2004/496/EC of 17 May 2004 on the conclusion of an Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection (OJ L 183, 2004, p. 83) (C-317/04)

Action for annulment: annulment of Commission Decision 2004/535/EC of 14 May 2004 on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the United States Bureau of Customs and Border Protection (OJ L 235, 2004, p. 11) (C-318/04)

Operative part of the judgement

The Court:

| 1. | Annuls Council Decision 2004/496/EC of 17 May 2004 on the conclusion of an Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection, and Commission Decision 2004/535/EC of 14 May 2004 on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the United States Bureau of Customs and Border Protection; |
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1.

Annuls Council Decision 2004/496/EC of 17 May 2004 on the conclusion of an Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection, and Commission Decision 2004/535/EC of 14 May 2004 on the adequate protection of personal data contained in the Passenger Name Record of air passengers transferred to the United States Bureau of Customs and Border Protection;

| 2. | Preserves the effect of Decision 2004/535 until 30 September 2006, but not beyond the date upon which that Agreement comes to an end; |
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2.

Preserves the effect of Decision 2004/535 until 30 September 2006, but not beyond the date upon which that Agreement comes to an end;

| 3. | Orders the Council of the European Union to pay the costs in Case C-317/04; |
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3.

Orders the Council of the European Union to pay the costs in Case C-317/04;

| 4. | Orders the Commission of the European Communities to pay the costs in Case C-318/04; |
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4.

Orders the Commission of the European Communities to pay the costs in Case C-318/04;

| 5. | Orders the Commission of the European Communities to bear its own costs in Case C-317/04; |
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5.

Orders the Commission of the European Communities to bear its own costs in Case C-317/04;

| 6. | Orders the United Kingdom of Great Britain and Northern Ireland and the European Data Protection Supervisor to bear their own costs. |
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6.

Orders the United Kingdom of Great Britain and Northern Ireland and the European Data Protection Supervisor to bear their own costs.

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(1)  OJ C 228, 11.9.2004.

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