Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/09/2010

Subject: The Court ruled that Articles 42(8b) and 44a of Council Regulation (EC) No 1290/2005 and Regulation (EC) No 259/2008 are invalid in so far as, with regard to natural persons who are beneficiaries of funds deriving from the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, those provisions impose an obligation to publish personal data relating to each beneficiary without drawing a distinction based on relevant criteria such as the periods during which those persons have received such aid, the frequency of such aid or the nature and amount thereof. The Court clarified that Directive 95/46/EC on the protection of individuals with regard to the processing of personal data must be interpreted as not placing the personal data protection official under an obligation to keep the register provided for by that act before an operation for the processing of personal data and it must be interpreted as not imposing an obligation on the Member States to make the publication of information resulting from these Regulations.

Parties: Volker und Markus Schecke GbR e Hartmut Eifert

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority

Text

Notices: Effectiveness of the Charter
The validity of the provisions of Regulations was assessed in the light of the Charter.