Ireland v. Council and Commission (Data Retention Directive)
The Data Retention Directive (Directive 2006/24/CE) is founded on an appropriate legal basis.
The directive was correctly adopted on the basis of the EC Treaty as it relates predominantly to the functioning of the internal market.
The Court dismissed the arguments made by Ireland that the directive cannot be based on Article 95 EC since its ‘centre of gravity’ does not concern the functioning of the internal market but rather the investigation, detection and prosecution of crime, and that measures of this kind ought therefore to have been adopted on the basis of the articles of the EU Treaty relating to police and judicial cooperation in criminal matters.
Case Number C-301/06
Name of the parties Ireland v. Parliament and Council
Date of the judgement 2009-02-10
Court Court of Justice of the European Communities (ECEJ)
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