Next Tuesday, 14 October, the Court of Justice of the European Communities gives judgment in Case C-306/06 Ireland v Council of the European Union, European Parliament, an action brought on 6 July 2006 by the Irish government which seeks to annul Directive 2006/24 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58, on the ground that it was not adopted on an appropriate legal basis. Ireland argues that
“the choice of Article 95 of the Treaty establishing the European Community (“TEC”) as the legal basis for Directive 2006/24/EC (“the Directive”) is fundamentally flawed. …[N]either Article 95 TEC nor any other provision of the TEC can provide a proper legal basis for the Directive. …[T]he sole or, alternatively, the main or predominant purpose of the Directive is to facilitate the investigation, detection and prosecution of serious crime, including terrorism. In those circumstances, … the only permissible legal base for the measures contained in the Directive is Title VI of the Treaty on European Union (“TEU”), in particular Articles 30, 31(1)(c) and 34(2)(b)”.