Source: All England Reporter
Publisher Citation: [2012] All ER (D) 56 (Nov)
Court: Court of Justice of the European Union (Grand Chamber)
Judge:

Judges Skouris (President), Lenaerts (Rapporteur and Vice-President), Tizzano, Ilešic, Arestis, Berger, Jarašiunas (Presidents of Chambers), Juhász, Borg Barthet, Bonichot, Safjan, Šváby and Prechal.

Judgment Dates: 16 October 2012

Catchwords

European Union - Member states - Obligations under European Union law - Data Protection Commission (DPC) being Austrian supervisory authority for protection of personal data - European Commission not satisfied that Austria meeting requirement of independence with regard to DPC - Whether Austria failing to fulfil obligations of European Union law in respect of protection of individuals with regard to processing of personal data and on free movement of data - Council Directive (EC) 95/46, art 28.

The Case

European Union Member states. The Court of Justice of the European Union (Grand Chamber) declared that by failing to take all the measures necessary to ensure that the legislation in force in Austria met the requirement of independence with regard to the Austrain Data Protection Commission, which was established as a supervisory authority for the protection of personal data, Austria had failed to fulfil its obligations under the second sub-paragraph of art 28(1) of Council Directive (EC) 95-46 of the European Parliament (on the protection of individuals with regard to the processing of personal data and on the free movement of such data).

Practice Areas

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