# C_2022276EN.01000301.xml

| 18.7.2022 | EN | Official Journal of the European Union | C 276/3 |
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18.7.2022

EN

Official Journal of the European Union

C 276/3

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Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 April 2022 — Criminal proceedings against DX

(Case C-241/22)

(2022/C 276/04)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Party to the main proceedings

DX

Questions referred

| 1. | Do legislative measures which relate to granting public authorities access to traffic and location data (including identification data) in connection with the prevention, investigation, detection and prosecution of criminal offences fall within the scope of Directive 2002/58/EC (1) if they concern the granting of access to data which are not retained on the grounds of legislative measures within the meaning of Article 15(1) of Directive 2002/58/EC, but which are retained by the provider on some other ground? |
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1.

Do legislative measures which relate to granting public authorities access to traffic and location data (including identification data) in connection with the prevention, investigation, detection and prosecution of criminal offences fall within the scope of Directive 2002/58/EC (1) if they concern the granting of access to data which are not retained on the grounds of legislative measures within the meaning of Article 15(1) of Directive 2002/58/EC, but which are retained by the provider on some other ground?

| 2. | (a) | Do the ... terms ‘serious criminal offences’ and ‘serious crime’ ... [used in the judgments of the Court of Justice cited in the order for reference] (2) constitute autonomous concepts of European Union law, or is it incumbent on the competent authorities of the Member States themselves to give substance to those terms? |
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2.

(a)

Do the ... terms ‘serious criminal offences’ and ‘serious crime’ ... [used in the judgments of the Court of Justice cited in the order for reference] (2) constitute autonomous concepts of European Union law, or is it incumbent on the competent authorities of the Member States themselves to give substance to those terms?

| (b) | If these are indeed autonomous concepts of European Union law, in what way should it be established whether what is involved is a ‘serious criminal offence’ or ‘serious crime’? |
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(b)

If these are indeed autonomous concepts of European Union law, in what way should it be established whether what is involved is a ‘serious criminal offence’ or ‘serious crime’?

| 3. | Can granting public authorities access to traffic and location data (other than mere identification data) for the purpose of the prevention, investigation, detection and prosecution of criminal offences be permissible under Directive 2002/58/EC if no serious criminal offences or serious crime are involved, that is to say, if in the specific case the granting of access to such data — in so far as may be assumed — causes only a minor interference with, in particular, the right to the protection of the private life of the user as referred to in Article 2(b) of Directive 2002/58/EC? |
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3.

Can granting public authorities access to traffic and location data (other than mere identification data) for the purpose of the prevention, investigation, detection and prosecution of criminal offences be permissible under Directive 2002/58/EC if no serious criminal offences or serious crime are involved, that is to say, if in the specific case the granting of access to such data — in so far as may be assumed — causes only a minor interference with, in particular, the right to the protection of the private life of the user as referred to in Article 2(b) of Directive 2002/58/EC?

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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 (OJ 2002 L 201, p. 37).

(2)  Cases C-203/15 (Tele2 Sverige), C-698/15 (Watson and Others), C-511/18, C-512/18 and C-520/18 (La Quadrature du Net and Others), C-207/16 (Ministerio Fiscal) and C-746/18 (Prokuratuur).

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