CJEU - C 101/01 / Judgment Criminal Proceedings against Bodil Lindqvist

Key facts of the case:
 
The Göta hovrätt (Swedish Court of Appeal) referred to the Court questions concerning the interpretation 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. One question asked was whether the provisions of Directive 95/46 could be regarded “as bringing about a restriction which conflicts with the general principles of freedom of expression or other freedoms and rights, which are applicable within the EU and are enshrined in inter alia Article 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms?”
 
Results (sanctions) and key consequences of the case:
 
The ECJ ruled that the Directive does not produce a conflict between the substance of articles 8 and 11 of the EU Charter (as reflected in the ECHR).
Paragraphs referring to EU Charter: 

 

90. the provisions of Directive 95/46 do not, in themselves, bring about a restriction which conflicts with the general principles of freedom of expression or other freedoms and rights, which are applicable within the European Union and are enshrined inter alia in Article 10 of the ECHR. It is for the national authorities and courts responsible for applying the national legislation implementing Directive 95/46 to ensure a fair balance between the rights and interests in question, including the fundamental rights protected by the Community legal order.