HYA and Others II ( Telecommunications sector - Processing of personal data and protection of privacy - Judgment) French Text [2024] EUECJ C-229/23 (13 June 2024)

Parties

Procedural Posture

Preliminary Reference (article 267 Tfeu) / Judgment on Reference

Legal Issues

1. 1 Whether EU law requires national courts to disregard national rules demanding explicit written judicial motivation for authorizing surveillance, when the underlying request is itself motivated;
2. 2 Whether EU law precludes exclusion of evidence due to lack of explicit judicial motivation if the reasons can be inferred from the request and authorization.

Ratio Decidendi

Article 15(1) of Directive 2002/58/EC, read in light of Article 47(2) of the Charter, does not preclude national provisions requiring that judicial decisions authorizing surveillance of electronic communications contain explicit written motivation, even if the underlying request is itself motivated. National courts are not required by EU law to disregard such national requirements.

Court Disposition

Reference answered; EU law does not preclude national requirement for explicit written judicial motivation.

Orders

• Article 15(1) of Directive 2002/58/EC, read in light of Article 47(2) of the Charter, does not preclude national law requiring explicit written motivation in judicial authorizations for surveillance, regardless of the motivation in the underlying request.