Data Protection Commissioner & anor -v- Facebook Ireland Ltd & anor [2018] IESC 38 (31 July 2018)

Data Protection Commissioner & anor -v- Facebook Ireland Ltd & anor [2018] IESC 38 (31 July 2018)

There is a stateable issue as to whether an appeal lies from a High Court order making a preliminary reference to the CJEU, particularly in a case where the findings of fact may become immune from review due to the finality of the CJEU's decision. The issues raised are of general public importance and meet the constitutional threshold for a leapfrog appeal. Leave to appeal is granted on both legal and factual issues, with the precise scope of the appeal to be determined in case management.

Citation
[2018] IESC 38
Parties
Plaintiff/first Named Respondent: Data Protection Commissioner; Defendant/appellant: Facebook Ireland Ltd; Defendant/second Named Respondent: Maximillian Schrems
Jurisdiction
Ireland
Judgment Date
31 July 2018
Procedural Posture
Application for Leave to Appeal (leapfrog Appeal) From High Court to Supreme Court / Determination of Application for Leave to Appeal
Outcome
Leave to appeal granted (leapfrog appeal) on all issues raised by Facebook, both legal and factual.
Legal Topics
Preliminary Reference Procedure (article 267 Tfeu), Appealability of Reference Orders, Standard Contractual Clauses, Privacy Shield, Charter of Fundamental Rights of the EU, Jurisdiction of National Courts, Findings of Fact and Appellate Review
Constitutional Law European Union Law Data Protection Law Preliminary Reference Procedure (article 267 Tfeu) Appealability of Reference Orders Standard Contractual Clauses Privacy Shield Charter of Fundamental Rights of the EU +2 more

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Parties

Data Protection Commissioner

Plaintiff/first Named Respondent

Facebook Ireland Ltd

Defendant/appellant

Maximillian Schrems

Defendant/second Named Respondent

Procedural Posture

Application for Leave to Appeal (leapfrog Appeal) From High Court to Supreme Court / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether an appeal lies to the Supreme Court from a High Court order making a preliminary reference to the CJEU under Article 267 TFEU
  2. 2 Whether the Irish appellate structure permits such an appeal in light of national and EU law
  3. 3 Whether the findings of fact by the High Court can be reviewed on appeal in this context

Ratio Decidendi

There is a stateable issue as to whether an appeal lies from a High Court order making a preliminary reference to the CJEU, particularly in a case where the findings of fact may become immune from review due to the finality of the CJEU's decision. The issues raised are of general public importance and meet the constitutional threshold for a leapfrog appeal. Leave to appeal is granted on both legal and factual issues, with the precise scope of the appeal to be determined in case management.

Court Disposition

Leave to appeal granted (leapfrog appeal) on all issues raised by Facebook, both legal and factual.

Orders

  • Facebook to file Notice of Intention to Proceed within 7 days.
  • Facebook to file written submissions by 14th September.