Tag Archives for " CJEU "

The 11 key considerations in Schrems II, in laymen’s terms

The lengthy Schrems II case decided by the Irish High Court in October 2017 left open which questions would be referred to the Court of Justice of the European Union.

Those 11 questions have now been published by the court, with a slight possibility of revision after reviewing further submissions by defendant Facebook.

Source: The 11 key considerations in Schrems II, in laymen’s terms

Germany seeks CJEU answer whether telecommunications law applies to webmail service providers

The Higher Administrative Court for North Rhine-Westphalia (‘the Court’) announced, on 26 February 2018, that it had filed a request for a preliminary ruling with the Court of Justice of the European Union (‘CJEU’), seeking clarification on whether webmail providers are considered electronic communications services under Article 2 of the Framework Directive (Directive 2002/21/EC) (‘the Directive’).

The proceedings before the Court originated from a legal dispute between the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (‘Bun­desnet­za­gen­tur’) and Google, Inc. over the Bun­desnet­za­gen­tur’s classification of Gmail as a telecommunications service within the meaning of the Telecommunications Act 1996 (‘TKG’).

Source: Germany: CJEU Gmail referral “could lead to application of TKG” to webmail service providers

PNR Agreements between Fundamental Rights and National Security

On July 26, 2017, the European Court of Justice (ECJ) issued Opinion 1/15 (the Opinion of the Advocate General on this case had been discussed previously in this blog, part I and part II) pursuant to Article 218(11) TFEU on the draft agreement between Canada and the European Union (EU) dealing with the Transfer of Passenger Name Record (PNR) data from the EU to Canada.

Source: PNR Agreements between Fundamental Rights and National Security: Opinion 1/15 | European Law Blog

Jehovah′s Witness note-taking challenged at EU′s top court

Notes on door-to-door visits made by members of Jehovah’s Witnesses breach EU data privacy law, according to the advocate general of the EU’s top court. His finding backs the view of Finland’s data protection commission.

Source: Jehovah′s Witness note-taking challenged at EU′s top court | News | DW | 01.02.2018

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his advocacy activities.

Source: Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

Failed exam candidate gets right to written paper in ECJ ruling

The European Court of Justice (ECJ) has ruled that a written exam paper amounts to personal data and can be accessed by its author. The judgment is the culmination of a legal process lasting more than eight years in which an accountancy student sought a copy of his exam script after failing the test on a number of occasions.

Source: Failed exam candidate gets right to written paper in ECJ ruling

Right to be forgotten and global delisting: some news from Spain

In a recent ruling, the Spanish Audiencia Nacional – the high court that referred the Google Spain case to the Court of Justice of the European Union (CJEU) – has somehow expressed opposition against imposing global delisting obligations on search engines.

Source: Right to be forgotten and global delisting: some news from Spain | Center for Internet and Society

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