Nick

Do you have any idea when the case will be back in the High Court?

Regards

Michele


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-----Original Message-----
From: [email protected] [mailto:[email protected]] 
On Behalf Of Nick Hilliard
Sent: Monday, April 14, 2014 2:10 PM
To: Innocenzo Genna
Cc: [email protected]
Subject: Re: [cooperation-wg] Data Retention Directive considered harmful

On 08/04/2014 12:47, Innocenzo Genna wrote:
> My 2 cents on the messy consequences upon nation al legislation.
> 
> There is no automatic annulment of the national legislation on data 
> retention, it is up to the member states to abrogate or modify their rules:

Yes, but it creates an immediate long term problem for all of the national 
legislation and leaves it all open to be contested in the courts.  In the case 
of Ireland, it would be extraordinary for the High Court to dismiss the 
opinions of the ECJ, particularly as they believed there was sufficient grounds 
to refer the original Digital Rights Ireland complaint to the ECJ in the first 
place.  It will be interesting to see the final ruling.

Nick




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