communications must be regarded as compromising the essence of the fundamental right to
respect for private life.
Likewise, the Court observes that legislation not providing for any possibility for an individual to
pursue legal remedies in order to have access to personal data relating to him, or to obtain the
rectification or erasure of such data, compromises the essence of the fundamental right to
effective judicial protection, the existence of such a possibility being inherent in the existence of
the rule of law.
Finally, the Court finds that the Safe Harbour Decision denies the national supervisory authorities
their powers where a person calls into question whether the decision is compatible with the
protection of the privacy and of the fundamental rights and freedoms of individuals. The Court
holds that the Commission did not have competence to restrict the national supervisory
authorities’ powers in that way.
For all those reasons, the Court declares the Safe Harbour Decision invalid. This judgment has
the consequence that the Irish supervisory authority is required to examine Mr Schrems’
complaint with all due diligence and, at the conclusion of its investigation, is to decide
whether, pursuant to the directive, transfer of the data of Facebook’s European subscribers
to the United States should be suspended on the ground that that country does not afford
an adequate level of protection of personal data.
NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes
which have been brought before them, to refer questions to the Court of Justice about the interpretation of
European Union law or the validity of a European Union act. The Court of Justice does not decide the
dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s
decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.
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