IP case law Court of Justice

c) compliance with a legal obligation

2 preliminary rulings

Judgment of 3 Apr 2025, C-710/23 (Ministerstvo zdravotnictví)

Article 6(1)(c) and (e) of Regulation 2016/679, read in conjunction with Article 86 of that regulation, must be interpreted as not precluding national case-law which requires a controller, being a public authority responsible for reconciling public access to official documents with the right to the protection of personal data, to inform and consult the natural person concerned prior to the disclosure of official documents containing such data, provided that such an obligation is not impossible to implement and that it does not require disproportionate effort and, therefore, it does not result in a disproportionate restriction on public access to those documents.

Judgment of 20 May 2003, C-465/00 (Rechnungshof)

Articles 6(1)(c) and 7(c) and (e) 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 do not preclude national legislation such as that at issue in the main proceedings, provided that it is shown that the wide disclosure not merely of the amounts of the annual income above a certain threshold of persons employed by the bodies subject to control by the Rechnungshof but also of the names of the recipients of that income is necessary for and appropriate to the objective of proper management of public funds pursued by the legislature, that being for the national courts to ascertain.

Articles 6(1)(c) and 7(c) and (e) of Directive 95/46 are directly applicable, in that they may be relied on by an individual before the national courts to oust the application of rules of national law which are contrary to those provisions.


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