Willems (Judgment) [2015] EUECJ C-446/12 (16 April 2015)

Willems (Judgment) [2015] EUECJ C-446/12 (16 April 2015)

Regulation No 2252/2004 is not applicable to identity cards issued by Member States to their nationals, irrespective of validity or travel use. The regulation does not require Member States to guarantee in legislation that biometric data collected and stored under it will not be used for purposes other than passport...

Source-derived case information.

Citation
[2015] EUECJ C-446/12
Parties
Applicant: Mr Willems; Applicant: Mr Kooistra; Applicant: Ms Roest; Applicant: Ms van Luijk; Respondent: Burgemeester van Nuth; Respondent: Burgemeester van Skarsterlân; Respondent: Burgemeester van Amsterdam; Respondent: Burgemeester van Den Haag
Jurisdiction
European Union
Judgment Date
16 April 2015
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
preliminary ruling issued
Legal Topics
Biometric Data, Passport Issuance, Identity Cards, Privacy, Scope of Regulation No 2252/2004
European Union Law Data Protection Law Administrative Law Biometric Data Passport Issuance Identity Cards Privacy Scope of Regulation No 2252/2004

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Parties

Mr Willems

Applicant

Mr Kooistra

Applicant

Ms Roest

Applicant

Ms van Luijk

Applicant

Burgemeester van Nuth

Respondent

Burgemeester van Skarsterlân

Respondent

Burgemeester van Amsterdam

Respondent

Burgemeester van Den Haag

Respondent

Procedural Posture

Preliminary Ruling / Final Judgment

Legal Issues

  1. 1 Does Regulation No 2252/2004 apply to identity cards issued by Member States to their nationals?
  2. 2 Does Regulation No 2252/2004 require Member States to guarantee that biometric data collected and stored will not be used for purposes other than passport or travel document issuance?

Ratio Decidendi

Regulation No 2252/2004 is not applicable to identity cards issued by Member States to their nationals, irrespective of validity or travel use. The regulation does not require Member States to guarantee in legislation that biometric data collected and stored under it will not be used for purposes other than passport or travel document issuance; such matters fall outside the regulation's scope and are governed by national law.

Court Disposition

preliminary ruling issued

Orders

  • Article 1(3) of Regulation No 2252/2004 is not applicable to identity cards issued by Member States to their nationals, regardless of validity period or travel use.
  • Article 4(3) of Regulation No 2252/2004 does not require Member States to guarantee in legislation that biometric data collected and stored under it will not be used for purposes other than passport or travel document issuance.