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EC goes after governments for not implementing data retention

5 June, 2013

This article is also available in:
Deutsch: Kommission geht gegen Mitgliedsländer wegen Nicht-Umsetzung der Richt...

On 30 May 2013, the European Court of Justice ordered Sweden to pay the European Commission 3 million euro for the delay in transposing the 2006 EU data retention directive into its national law.

Sweden lost the first case in 2010 for infringing the deadline of September 2007. The data retention provisions were implemented on 1 May 2013 by a new Swedish government. Yet, the court fined the Swedish government for the delay in complying with the decision of 2010 and ordered the payment of 3 million Euro as well as of the case costs.

Sweden is not the only country that has not yet implemented the legislation. Belgium has received a warning from the Commission for not fully transposing the directive. The transposition into the Czech legislation was annulled by its Constitutional Court in 2011 and in Germany, the legislation was also stopped by the Constitutional Court in 2010. The Commission’s case is pending.

This resolution comes at a moment when the data retention directive continues to be opposed and controversial and many people are expecting the data retention directive to be declared in breach of the EU constitutional law. The Commission itself reached the conclusion in 2012 that the legislation needed to be reformed as it had failed to achieve its goals.

The Austrian and the Irish high courts have referred cases to the European Court of Justice on the directive in 2012 arguing it might violate the EU Charter of Fundamental Rights of the European Union. For the time being, the Commission has postponed the regular review of the directive which is expected to be finalised in 2014.

EU Anti-Terror Data Retention Directive Meeting Resistance In EU Courts (1.06.2013)

Judgement of the Court (Fourth Chamber) in EC vs Kingdom of Sweden case C‑270/11 (30.05.2013)

EDRigram: ENDitorial: Data retention - faint heart never won fair lady (20.06.2012)



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