This document is an excerpt from the EUR-Lex website
Document 62012CN0293
Case C-293/12: 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: 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: 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
OJ C 258, 25.8.2012, p. 11–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.8.2012 |
EN |
Official Journal of the European Union |
C 258/11 |
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
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) incompatible with Article 5.4 TEU in that it is disproportionate and unnecessary or inappropriate to achieve the legitimate aims of:
|
2. |
Specifically,
|
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)? |
(1) Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
OJ L 105, p. 54