Spain / Supreme Court, Contentious-administrative division / 23/2008 Supreme Court Decision on the Data Protection Regulations

Key facts of the case:
 
The National Association of Credit Financial Establishments appealed against a number of articles of the Royal Decree 1720/2007, on December 21, on Regulations on Personal Data Protection. The appellant considered both Articles 10(2)(a)(1) and 10(2)(b)(1) contrary to Article 7(f) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The Supreme Court also submitted a prejudicial question to the Court of Justice of the European Communities at appellant´s request. Besides, the Supreme Court struck down partly the wording of Article 38(1)(a) regarding inclusion of data about money duties compliance when facilitated by the creditor or its representative. 
 
Results (sanctions) and key consequences of the case:
 
The Supreme Court submitted a prejudicial question to the Court of Justice of the European Communities at appellant's request. Besides, the Court struck down the wording of Article 38(1)(a) regarding the inclusion of data on money duties compliance when facilitated by the creditor or his/her representative. The Court didn't order the appellant to pay court fees.