# C_2022318EN.01002201.xml

| 22.8.2022 | EN | Official Journal of the European Union | C 318/22 |
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22.8.2022

EN

Official Journal of the European Union

C 318/22

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Request for a preliminary ruling from the Raad van State (Belgium) lodged on 25 April 2022 — Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten v Belgian State

(Case C-280/22)

(2022/C 318/31)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants: Kinderrechtencoalitie Vlaanderen and Liga voor Mensenrechten

Defendant: Belgian State

Question referred

Are Article 3(5) and (6) and Article 14 of Regulation (EU) 2019/1157 (1) of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement, read in conjunction with Commission Implementing Decision C(2018) 7767 of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002)3069, valid and compatible with Article 16 TFEU and — as regards Article 3(5) and (6) — with Article 21 TFEU, as well as with Articles 7, 8 and 52 of the Charter of Fundamental Rights of the European Union, in conjunction with:

| — | Articles 1, 2, 3, 4, 5, 6, 9, 25, 32, 35 and 36 of Regulation (EU) 2016/679 (2) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, |
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Articles 1, 2, 3, 4, 5, 6, 9, 25, 32, 35 and 36 of Regulation (EU) 2016/679 (2) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC,

| — | Articles 1, 2, 3, 4, 8, 9, 10, 27 and 28 of Directive (EU) 2016/680 (3) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, |
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Articles 1, 2, 3, 4, 8, 9, 10, 27 and 28 of Directive (EU) 2016/680 (3) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA,

| — | Articles 1, 2, 3, 4, 5, 10, 28 and 42 of Regulation (EU) 2018/1725 (4) of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, |
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Articles 1, 2, 3, 4, 5, 10, 28 and 42 of Regulation (EU) 2018/1725 (4) of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC,

in so far as Article 3(5) and (6) of Regulation (EU) 2019/1157 requires two fingerprints of the holder of the card to be stored in interoperable digital formats on a storage medium included on the identity card,

and in so far as Article 3(5) and (6) and Article 14 of Regulation (EU) 2019/1157, read in conjunction with Annex III to the aforementioned Commission Implementing Decision C(2018) 7767 of 30 November 2018, require the fingerprint data on the identity cards and residence documents referred to in points (a) and (c) of Article 2 of that regulation to be stored in the form of a digital image of the fingerprints on an electronic microprocessor chip which uses RFID and can be read wirelessly/in contactless form?

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(1)  OJ 2019 L 188, p. 67.

(2)  OJ 2016 L 119, p. 1.

(3)  OJ 2016 L 119, p. 89.

(4)  OJ 2018 L 295, p. 39.

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