# C_2015354EN.01002001.xml

| 26.10.2015 | EN | Official Journal of the European Union | C 354/20 |
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26.10.2015

EN

Official Journal of the European Union

C 354/20

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Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 23 July 2015 — Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Salvatore Manni

(Case C-398/15)

(2015/C 354/23)

Language of the case: Italian

Referring court

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Parties to the main proceedings

Applicants: Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce

Applicants:

Defendant: Salvatore Manni

Defendant:

Questions referred

Questions referred

| 1) | Must the principle of keeping personal data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed, laid down in Article 6(e) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, (1) implemented by Legislative Decree No 196 of 30 June 2003, take precedence over and, therefore, preclude the system of disclosure through the commercial registers provided for by the First Council Directive 68/151/EC of 9 March 1968, (2) and by national law in Article 2188 of the Civil Code and Article 8 of Law No 580 of 29 December 1993, in so far as it is a requirement of that system that anyone may, at any time, obtain the data relating to individuals in those registers? |
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1)

Must the principle of keeping personal data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed, laid down in Article 6(e) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, (1) implemented by Legislative Decree No 196 of 30 June 2003, take precedence over and, therefore, preclude the system of disclosure through the commercial registers provided for by the First Council Directive 68/151/EC of 9 March 1968, (2) and by national law in Article 2188 of the Civil Code and Article 8 of Law No 580 of 29 December 1993, in so far as it is a requirement of that system that anyone may, at any time, obtain the data relating to individuals in those registers?

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| 2) | Consequently, is it permissible under Article 3 of the First Council Directive 68/151/EC of 9 March 1968 [on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies, within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community], by way of derogation from [the principles] that there should be no time limit and that anyone may consult the data published in the companies register, for the data no longer to be subject to ‘disclosure’, in both those regards, but to be available for only a limited period and only to certain recipients, on the basis of an assessment case by case by the data manager? |
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2)

Consequently, is it permissible under Article 3 of the First Council Directive 68/151/EC of 9 March 1968 [on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies, within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community], by way of derogation from [the principles] that there should be no time limit and that anyone may consult the data published in the companies register, for the data no longer to be subject to ‘disclosure’, in both those regards, but to be available for only a limited period and only to certain recipients, on the basis of an assessment case by case by the data manager?

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(1)  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).

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(2)  First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ 1968 L 65, p. 8).

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