EUROPA: Judgment of the Court of Justice in Joined Cases C-317/04 and C-318/04

EUROPA - Rapid - Press Releases

"The Court annuls the Council decision concerning the conclusion of an agreement between the European Community and the United States of America on the processing and transfer of personal data and the commission decision on the adequate protection of those data

PRESS RELEASE No 46/06

30 May 2006

Judgment of the Court of Justice in Joined Cases C-317/04 and C-318/04

European Parliament v Council of the European Union
and European Parliament v Commission of the European Communities

The Court annuls the Council decision concerning the conclusion of an agreement between the European Community and the United States of America on the processing and transfer of personal data and the commission decision on the adequate protection of those data

Neither the Commission decision finding that the data are adequately protected by the United States nor the Council decision approving the conclusion of an agreement on their transfer to that country are founded on an appropriate legal basis

Following the terrorist attacks of 11 September 2001, the United States passed legislation providing that air carriers operating flights to, from or across United States territory have to provide the United States authorities with electronic access to the data contained in their reservation and departure control systems, called ‘Passenger Name Records’ (PNR)."