16.1.2023
EN
Official Journal of the European Union
C 15/17
Party in the main proceedings Spetsializirana prokuratura
Operative part of the judgment 1.
Article 15(1) of 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 (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union
— must be interpreted as precluding (i) national legislation that provides, by way of prevention, for the purpose of combating serious crime and preventing serious threats to public security, for general and indiscriminate retention of traffic and location data, even if that legislation limits that general and indiscriminate retention to a period of six months and provides for a certain number of safeguards as regards retention of and access to the data in question; and (ii) national legislation that does not provide, in a clear and precise manner, that the access to the retained data is limited to what is strictly necessary for achieving the objective pursued by that retention.
2.
Article 15(1) of Directive 2002/58, as amended by Directive 2009/136, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights, and Articles 13 and 54 of Directive (EU) 2016/680 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,
must be interpreted as precluding national legislation that provides for access, on the part of the national authorities competent to undertake criminal investigations, to lawfully retained traffic and location data, without guaranteeing that the persons whose data have been accessed by those national authorities are informed thereof to the extent provided for under EU law, and without those persons having any remedy against unlawful access to those data.
(1)
OJ C 338, 23.8.2021.
Judgment of the Court (Tenth Chamber) of 17 November 2022 (request for a preliminary ruling from the Curtea de Apel Piteşti — Romania) — SC Avicarvil Farms SRL v Ministerul Agriculturii şi Dezvoltării Rurale, Agenţia pentru Finanţarea Investiţiilor Rurale, Agenţia de Plăţi şi Intervenţie în Agricultură, Agenţia de Plăţi şi Intervenţie în Agricultură — Centrul Judeţean Vâlcea (Case C-443/21) (1) (Reference for a preliminary ruling — Common agricultural policy (CAP) — European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1698/2005 — Article 40 — National rural development programme 2007-2013 — Animal welfare payments — Calculation errors — Reductions in payments by the national authorities — Principle of the protection of legitimate expectations — Principle of legal certainty) (2023/C 15/17) Language of the case: Romanian Referring court Curtea de Apel Piteşti