# C_2014315EN.01000201.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/2 |
| --- | --- | --- | --- |

15.9.2014

EN

Official Journal of the European Union

C 315/2

---

Judgment of the Court (Third Chamber) of 17 July 2014 (requests for a preliminary ruling from the Rechtbank Middelburg, Raad van State — Netherlands) — YS (C-141/12), Minister voor Immigratie, Integratie en Asiel (C-372/12) v Minister voor Immigratie, Integratie en Asiel (C-141/12), Ms (C-372/12)

(Joined Cases C-141/12 and C-372/12) (1)

1

((Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Articles 2, 12 and 13 - Concept of ‘personal data’ - Scope of the right of access of a data subject - Data relating to the applicant for a residence permit and legal analysis contained in an administrative document preparatory to the decision - Charter of Fundamental Rights of the European Union - Articles 8 and 41))

2014/C 315/02

Language of the case: Dutch

Referring courts

Referring courts

Rechtbank Middelburg, Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicants: YS (C-141/12), Minister voor Immigratie, Integratie en Asiel (C-372/12)

Applicants:

Defendants: Minister voor Immigratie, Integratie en Asiel (C-141/12), Ms (C-372/12)

Defendants:

Operative part of the judgment

Operative part of the judgment

| 1) | Article 2(a) 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 must be interpreted as meaning that the data relating to an applicant for a residence permit contained in an administrative document, such as the ‘minute’ at issue in the main proceedings, setting out the grounds that the case officer puts forward in support of the draft decision which he is responsible for drawing up in the context of the procedure prior to the adoption of a decision concerning the application for such a permit and, where relevant, the data in the legal analysis contained in that document, are ‘personal data’ within the meaning of that provision, whereas, by contrast, that analysis cannot in itself be so classified. |
| --- | --- |

1)

Article 2(a) 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 must be interpreted as meaning that the data relating to an applicant for a residence permit contained in an administrative document, such as the ‘minute’ at issue in the main proceedings, setting out the grounds that the case officer puts forward in support of the draft decision which he is responsible for drawing up in the context of the procedure prior to the adoption of a decision concerning the application for such a permit and, where relevant, the data in the legal analysis contained in that document, are ‘personal data’ within the meaning of that provision, whereas, by contrast, that analysis cannot in itself be so classified.

| 2) | Article 12(a) of Directive 95/46 and Article 8(2) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that an applicant for a residence permit has a right of access to all personal data concerning him which are processed by the national administrative authorities within the meaning of Article 2(b) of that directive. For that right to be complied with, it is sufficient that the applicant be in possession of a full summary of those data in an intelligible form, that is to say a form which allows that applicant to become aware of those data and to check that they are accurate and processed in compliance with that directive, so that he may, where relevant, exercise the rights conferred on him by that directive. |
| --- | --- |

2)

Article 12(a) of Directive 95/46 and Article 8(2) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that an applicant for a residence permit has a right of access to all personal data concerning him which are processed by the national administrative authorities within the meaning of Article 2(b) of that directive. For that right to be complied with, it is sufficient that the applicant be in possession of a full summary of those data in an intelligible form, that is to say a form which allows that applicant to become aware of those data and to check that they are accurate and processed in compliance with that directive, so that he may, where relevant, exercise the rights conferred on him by that directive.

| 3) | Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities. |
| --- | --- |

3)

Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities.

---

(1)  OJ C 157, 2.6.2012.

1

OJ C 303, 6.10.2012.

---