# C_2013026EN.01002001.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/20 |
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26.1.2013

EN

Official Journal of the European Union

C 26/20

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Reference for a preliminary ruling from the Cour constitutionnelle (Belgium), lodged on 22 October 2012 — Institut professionnel des agents immobiliers (IPI) v Geoffrey Englebert, Immo 9 SPRL, Grégory Francotte

(Case C-473/12)

2013/C 26/36

Language of the case: French

Referring court

Referring court

Cour constitutionnelle

Parties to the main proceedings

Parties to the main proceedings

Applicant: Institut professionnel des agents immobiliers (IPI)

Applicant:

Defendants: Geoffrey Englebert, Immo 9 SPRL, Grégory Francotte

Defendants:

Questions referred

Questions referred

| 1. | Is Article 13(1)(g), in fine, 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 (1) to be interpreted as meaning that it leaves the Member States free to choose whether or not to provide for an exception to the immediate obligation to inform set out in Article 11(1) if this is necessary in order to protect the rights and freedoms of others, or are the Member States subject to restrictions in this matter? |
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1.

Is Article 13(1)(g), in fine, 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 (1) to be interpreted as meaning that it leaves the Member States free to choose whether or not to provide for an exception to the immediate obligation to inform set out in Article 11(1) if this is necessary in order to protect the rights and freedoms of others, or are the Member States subject to restrictions in this matter?

in fine

1

| 2. | Do the professional activities of private detectives, governed by national law and exercised in the service of authorities authorised to report to the judicial authorities any infringement of the provisions protecting a professional title and organising a profession, come, depending on the circumstances, within the exception referred to in Article 13(1)(d) and (g), in fine, of Directive 95/46? |
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2.

Do the professional activities of private detectives, governed by national law and exercised in the service of authorities authorised to report to the judicial authorities any infringement of the provisions protecting a professional title and organising a profession, come, depending on the circumstances, within the exception referred to in Article 13(1)(d) and (g), in fine, of Directive 95/46?

in fine

| 3. | In the event of a negative reply to Question 2, is Article 13(1)(d) and (g), in fine, of Directive 95/46 compatible with Article 6(3) of the Treaty on European Union, more specifically with the principle of equality and non-discrimination? |
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3.

In the event of a negative reply to Question 2, is Article 13(1)(d) and (g), in fine, of Directive 95/46 compatible with Article 6(3) of the Treaty on European Union, more specifically with the principle of equality and non-discrimination?

in fine

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(1)  OJ 1995 L 281, p. 31.

1

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