# C_2021310EN.01001201.xml

| 2.8.2021 | EN | Official Journal of the European Union | C 310/12 |
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2.8.2021

EN

Official Journal of the European Union

C 310/12

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Request for a preliminary ruling from the Tribunale di Rieti (Italy) lodged on 26 May 2021 — Criminal proceedings against G.B., R.H.

(Case C-334/21)

(2021/C 310/16)

Language of the case: Italian

Referring court

Tribunale di Rieti

Parties to the main proceedings

G.B., R.H.

Questions referred

| 1. | Is Article 15(1) of Directive 2002/58, (1) read in the light of Articles 7, 8, 11 and 52(1) of the Charter of Fundamental Rights of the European Union and of the principles established by the Court of Justice of the European Union in its judgment of 2 March 2021 in Case C-746/18, to be interpreted as precluding national rules such as those laid down in Article 132(3) of Legislative Decree No 196/2003, which confer powers on the Public Prosecutor, which is a body whose independence and autonomy is fully guaranteed under the rules laid down in Title IV of the Italian Constitution, to require, by reasoned order, the delivery over of traffic data and location data for the purposes of criminal proceedings? |
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1.

Is Article 15(1) of Directive 2002/58, (1) read in the light of Articles 7, 8, 11 and 52(1) of the Charter of Fundamental Rights of the European Union and of the principles established by the Court of Justice of the European Union in its judgment of 2 March 2021 in Case C-746/18, to be interpreted as precluding national rules such as those laid down in Article 132(3) of Legislative Decree No 196/2003, which confer powers on the Public Prosecutor, which is a body whose independence and autonomy is fully guaranteed under the rules laid down in Title IV of the Italian Constitution, to require, by reasoned order, the delivery over of traffic data and location data for the purposes of criminal proceedings?

| 2. | In the event that the first question is answered in the negative, can the Court provide further interpretative guidance concerning the possible non-retroactive application of the principles established in its judgment of 2 March 2021 in Case C-746/18, having regard to the overriding requirements of legal certainty in the sphere of the prevention, detection and combating of serious crime and threats to security? |
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2.

In the event that the first question is answered in the negative, can the Court provide further interpretative guidance concerning the possible non-retroactive application of the principles established in its judgment of 2 March 2021 in Case C-746/18, having regard to the overriding requirements of legal certainty in the sphere of the prevention, detection and combating of serious crime and threats to security?

| 3. | Is Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8, 11 and 52(1) of the Charter of Fundamental Rights of the European Union and of the principles established by the Court in its judgment of 2 March 2021 in Case C-746/18, to be interpreted as precluding national rules such as those laid down in Article 132(3) of Legislative Decree No 196/2003, read in the light of Article 267(2) of the Italian Code of Criminal Procedure, which enable the Public Prosecutor, in urgent cases, immediately to obtain telephone traffic data, with the subsequent scrutiny and supervision of the court before which the case is brought? |
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3.

Is Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8, 11 and 52(1) of the Charter of Fundamental Rights of the European Union and of the principles established by the Court in its judgment of 2 March 2021 in Case C-746/18, to be interpreted as precluding national rules such as those laid down in Article 132(3) of Legislative Decree No 196/2003, read in the light of Article 267(2) of the Italian Code of Criminal Procedure, which enable the Public Prosecutor, in urgent cases, immediately to obtain telephone traffic data, with the subsequent scrutiny and supervision of the court before which the case is brought?

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(1)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37).

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