# C_2009113EN.01002401.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/24 |
| --- | --- | --- | --- |

16.5.2009

EN

Official Journal of the European Union

C 113/24

---

Reference for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 6 March 2009 — Hartmut Eifert v Land Hessen, interested party: Bundesanstalt für Landwirtschaft und Ernährung

(Case C-93/09)

2009/C 113/46

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Wiesbaden

Parties to the main proceedings

Parties to the main proceedings

Applicant: Hartmut Eifert

Applicant:

Defendant: Land Hessen

Defendant:

Interested party: Bundesanstalt für Landwirtschaft und Ernährung

Interested party:

Questions referred

Questions referred

| 1. | Are point 8b of Article 42(1) and Article 44a of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1), inserted by Council Regulation (EC) No 1437/2007 of 26 November 2007 amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ 2007 L 322, p. 1), invalid? |
| --- | --- |

1.

Are point 8b of Article 42(1) and Article 44a of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1), inserted by Council Regulation (EC) No 1437/2007 of 26 November 2007 amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ 2007 L 322, p. 1), invalid?

| 2. | Is Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (OJ 2008 L 76, p. 28)






  (a) | invalid, or |
| --- | --- | --- |

2.

Is Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (OJ 2008 L 76, p. 28)

(a)

invalid, or

| (b) | valid by reason only of the fact that Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54) is invalid? |
| --- | --- |

(b)

valid by reason only of the fact that Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54) is invalid?

If the provisions mentioned in the first and second questions are valid:

| 3. | Must the second indent of Article 18(2) 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that publication in accordance with Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following implementation of the procedure — in lieu of notification to a supervisory authority — established by that article? |
| --- | --- |

3.

Must the second indent of Article 18(2) 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that publication in accordance with Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following implementation of the procedure — in lieu of notification to a supervisory authority — established by that article?

| 4. | Must Article 20 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that publication in accordance with Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following exercise of the prior check required by national law in that case? |
| --- | --- |

4.

Must Article 20 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that publication in accordance with Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following exercise of the prior check required by national law in that case?

| 5. | If the fourth question is answered in the affirmative: Must Article 20 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that no effective prior check has been performed, if it was effected on the basis of a register established in accordance with the second indent of Article 18(2) of that directive which lacks an item of information prescribed? |
| --- | --- |

5.

If the fourth question is answered in the affirmative: Must Article 20 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 (OJ 1995 L 281, p. 31) be interpreted as meaning that no effective prior check has been performed, if it was effected on the basis of a register established in accordance with the second indent of Article 18(2) of that directive which lacks an item of information prescribed?

| 6. | Must Article 7 — and in this case, in particular, subparagraph (e) — 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 (OJ 1995 L 281, p. 31) be interpreted as precluding a practice of storing the IP addresses of the users of a homepage without their express consent? |
| --- | --- |

6.

Must Article 7 — and in this case, in particular, subparagraph (e) — 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 (OJ 1995 L 281, p. 31) be interpreted as precluding a practice of storing the IP addresses of the users of a homepage without their express consent?

---