CELEX: 62012CA0486
Language: en
Date: 2013-12-12 00:00:00
Title: Case C-486/12: Judgment of the Court (Eighth Chamber) of 12 December 2013 (request for a preliminary ruling from the Gerechtshof te’s-Hertogenbosch — Netherlands) — in the proceedings brought by X (Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Conditions governing the exercise of a right of access — Levying of excessive fees)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/13
            
         Judgment of the Court (Eighth Chamber) of 12 December 2013 (request for a preliminary ruling from the Gerechtshof te’s-Hertogenbosch — Netherlands) — in the proceedings brought by X
   (Case C-486/12) (1)
   
   (Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Conditions governing the exercise of a right of access - Levying of excessive fees)
   2014/C 45/23
   Language of the case: Dutch
   
      Referring court
   
   Gerechtshof te’s-Hertogenbosch
   
      Party to the main proceedings
   
   X
   
      Re:
   
   Request for a preliminary ruling — Gerechtshof te’s-Hertogenbosch (Netherlands) — Interpretation of the second indent of Article 12(a) 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) — Right of access to data — Communication of data undergoing processing — Meaning — Grant of access to data — Levying a fee.
   
      Operative part of the judgment
   
   
               1.
            
            
               Article 12(a) 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 must be interpreted as not precluding the levying of fees in respect of the communication of personal data by a public authority.
            
         
               2.
            
            
               Article 12(a) of Directive 95/46 must be interpreted as meaning that, in order to ensure that fees levied when the right to access personal data is exercised are not excessive for the purposes of that provision, the level of those fees must not exceed the cost of communicating such data. It is for the national court to carry out any verifications necessary, having regard to the circumstances of the case.
            
         
      (1)  OJ C 26, 26.1.2013.