Judgment of the Court (Eighth Chamber) of 26 November 2009 – Commission v Ireland
(Case C‑202/09)
Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Respect for private life – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period
1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive2006/24/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 Directive2002/58/EC (OJ 2006 L105, p. 54). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive2006/24/EC of the European Parliament and of the Council of 15March 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 Directive2002/58/EC, Ireland has failed to fulfil its obligations under that directive; |
2. |
| Orders Ireland to pay the costs. |