Schrems -v- Data Protection Commissioner (No.2) [2014] IEHC 351 (16 July 2014)

Schrems -v- Data Protection Commissioner (No.2) [2014] IEHC 351 (16 July 2014)

DRI should be joined as amicus curiae because it possesses relevant expertise and may assist the court and the Court of Justice in addressing complex questions of data protection and surveillance, but it should not be permitted to add additional questions to the Article 267 TFEU reference as this would fundamentally alter the nature and scope of the proceedings and require the joinder of further parties, leading to additional costs and delay.

Citation
[2014] IEHC 351
Parties
Applicant: Maximillian Schrems; Respondent: Data Protection Commissioner (No.2); Proposed Amicus Curiae: Digital Rights Ireland Ltd.
Jurisdiction
Ireland
Judgment Date
16 July 2014
Procedural Posture
Judicial Review / Application to Join Amicus Curiae and to Add Questions to Article 267 TFEU Reference
Outcome
Application granted in part and refused in part
Legal Topics
Amicus Curiae, Adequacy of Data Protection, Safe Harbour Decision, Article 267 TFEU Reference, Judicial Review Procedure
Data Protection European Union Law Constitutional Law Public Law Amicus Curiae Adequacy of Data Protection Safe Harbour Decision Article 267 TFEU Reference +1 more

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Parties

Maximillian Schrems

Applicant

Data Protection Commissioner (No.2)

Respondent

Digital Rights Ireland Ltd.

Proposed Amicus Curiae

Procedural Posture

Judicial Review / Application to Join Amicus Curiae and to Add Questions to Article 267 TFEU Reference

Legal Issues

  1. 1 Whether Digital Rights Ireland Ltd. should be joined as amicus curiae in the proceedings
  2. 2 Whether DRI should be permitted to add additional questions to the Article 267 TFEU reference

Ratio Decidendi

DRI should be joined as amicus curiae because it possesses relevant expertise and may assist the court and the Court of Justice in addressing complex questions of data protection and surveillance, but it should not be permitted to add additional questions to the Article 267 TFEU reference as this would fundamentally alter the nature and scope of the proceedings and require the joinder of further parties, leading to additional costs and delay.

Court Disposition

Application granted in part and refused in part

Orders

  • Digital Rights Ireland Ltd. is joined as amicus curiae to the proceedings, on condition that it will not seek costs from any party.
  • DRI is not permitted to add additional questions to the Article 267 TFEU reference.