Source: EURLEX
Language: en
Format: md

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| 25.8.2012 | EN | Official Journal of the European Union | C 258/11 |

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Reference for a preliminary ruling from High Court of Ireland made on 11 June 2012 — Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the Garda Síochána, Ireland and the Attorney General

(Case C-293/12)

2012/C 258/18

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Digital Rights Ireland Ltd

Defendants: Minister for Communications, Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the Garda Síochána, Ireland and the Attorney General

Questions referred

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| 1. | Is the restriction on the rights of the Plaintiff in respect of its use of mobile telephony arising from the requirements of Articles 3, 4, and 6 of Directive 2006/24/EC[(1)](#ntr1-C_2012258EN.01001101-E0001) incompatible with Article 5.4 TEU in that it is disproportionate and unnecessary or inappropriate to achieve the legitimate aims of:   |  |  | | --- | --- | | (a) | Ensuring that certain data are available for the purposes of investigation, detection and prosecution of serious crime?  and/or |  |  |  | | --- | --- | | (b) | Ensuring the proper functioning of the internal market of the European Union? | |

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| 2. | Specifically,   |  |  | | --- | --- | | (i) | Is Directive 2006/24/EC compatible with the right of citizens to move and reside freely within the territory of Member States laid down in Article 21 TFEU? |  |  |  | | --- | --- | | (ii) | Is Directive 2006/24/EC compatible with the right to privacy laid down in Article 7 of the Charter and Article 8 ECHR? |  |  |  | | --- | --- | | (iii) | Is Directive 2006/24/EC compatible with the right to the protection of personal data laid down in Article 8 of the Charter? |  |  |  | | --- | --- | | (iv) | Is Directive 2006/24/EC compatible with the right to freedom of expression laid down in Article 11 of the Charter and Article 10 ECHR? |  |  |  | | --- | --- | | (v) | Is Directive 2006/24/EC compatible with the right to Good Administration laid down in Article 41 of the Charter? | |

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| 3. | To what extent do the Treaties — and specifically the principle of loyal cooperation laid down in Article 4.3 of the Treaty on European Union -require a national court to inquire into, and assess, the compatibility of the national implementing measures for Directive 2006/24/EC with the protections afforded by the Charter of Fundamental Rights, including Article 7 thereof (as informed by Article 8 of the ECHR)? |

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