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http://curia.europa.eu/juris/document/document_print.jsf?docid=2320...
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the Estonian Government, by N. Grünberg and A. Kalbus, acting as Agents,
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Ireland, by A. Joyce, M. Browne and G. Hodge, acting as Agents, and by D. Fennelly,
Barrister-at-Law,
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the Spanish Government, initially by L. Aguilera Ruiz and A. Rubio González, then by
L. Aguilera Ruiz, acting as Agent,
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the Cypriot Government, by E. Neofytou, acting as Agent,
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the Latvian Government, by V. Soņeca, acting as Agent,
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the Hungarian Government, initially by M.Z. Fehér and Z. Wagner, then by M.Z. Fehér,
acting as Agent,
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the Netherlands Government, by M.K. Bulterman and M.A.M. de Ree, acting as Agents,
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the Polish Government, by B. Majczyna, J. Sawicka and M. Pawlicka, acting as Agents,
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the Swedish Government, initially by H. Shev, H. Eklinder, C. Meyer-Seitz and A. Falk, then
by H. Shev, H. Eklinder, C. Meyer-Seitz and J. Lundberg, acting as Agents,
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the United Kingdom Government, by S. Brandon, acting as Agent, and by G. Facenna QC
and C. Knight, Barrister,
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the Norwegian Government, by J. Vangsnes, acting as Agent,
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the European Commission, initially by H. Kranenborg, M. Wasmeier and P. Costa de
Oliveira, then by H. Kranenborg and M. Wasmeier, acting as Agents,
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the European Data Protection Supervisor, by T. Zerdick and A. Buchta, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 15 January 2020,
gives the following
Judgment
1
These requests for a preliminary ruling concern the interpretation of 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) (OJ 2002 L 201, p. 37), as amended by
Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ
2009 L 337, p. 11) (‘Directive 2002/58’), and of Articles 12 to 15 of Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic
commerce’) (OJ 2000 L 178, p. 1), read in the light of Articles 4, 6, 7, 8 and 11 and Article 52(1) of
the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 4(2) TEU.
2
The request in Case C‑511/18 has been made in proceedings between La Quadrature du Net,
French Data Network, the Fédération des fournisseurs d’accès à Internet associatifs and Igwan.net,
on the one hand, and the Premier ministre (Prime Minister, France), the Garde des Sceaux, ministre
de la Justice (Keeper of the Seals, Minister for Justice, France), the ministre de l’Intérieur (Minister
for the Interior, France) and the ministre des Armées (Minister for the Armed Forces, France), on
the other, concerning the lawfulness of: décret n° 2015‑1185 du 28 septembre 2015 portant
2/15/2021, 4:58 PM