„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 incompatible with Article 5.4 TEU in that it is disproportionate and unnecessary or inappropriate to achieve the legitimate aims of: Ensuring that certain data are available for the purposes of investigation, detection and prosecution of serious crime? and/or Ensuring the proper functioning of the internal market of the European Union?
2. Specifically, is Directive 2006/24/EC compatible with the right of citizens to move and reside freely within the territory of Member States laid down in Article 21 TFEU? Is Directive 2006/24/EC compatible with the right to privacy laid down in Article 7 of the Charter and Article 8 ECHR? Is Directive 2006/24/EC compatible with the right to the protection of personal data laid down in Article 8 of the Charter? Is Directive 2006/24/EC compatible with the right to freedom of expression laid down in Article 11 of the Charter and Article 10 ECHR? Is Directive 2006/24/EC compatible with the right to Good Administration laid down in Article 41 of the Charter?
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)?”
Die Fragen mit Anmerkungen im Blog von Stefan Krempl.