Judgment — ECLI:EU:C:2009:736
Date: 2009-11-26
Language of the case: English
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Data protection
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Action brought on 5 May 2009 - Commission of the European Communities v Ireland (Case C-202/09) Language of the case: English Parties Applicant: Commission of the European Communities (represented by: Mmes L. Balta, A.-A. Gilly, Agents) Defendant: Ireland The applicant claims that the Court should: declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC1 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/EC2, or in any event by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under the Directive; and order Ireland to pay the costs. Pleas in law and main arguments The period within which the directive had to be transposed expired on 15 September 2007. ____________ 1 - OJ L 105, p. 54 2 - OJ L 201, p. 37