Here are some more data protection questions that have been referred to the Court of Justice of the European Communities for a preliminary ruling, which Datonomy hasn’t previously brought to the attention of its readers: Case C-93/09, Hartmut Eifert v Land Hessen, Bundesanstalt für Landwirtschaft und Ernährung, a reference from the Verwaltungsgericht Wiesbaden (Germany). The questions referred are as follows:

“1. Are point 8b of Article 42(1) and Article 44a of Council Regulation 1290/2005 on the financing of the common agricultural policy, inserted by Council Regulation 1437/2007 amending Regulation 1290/2005 on the financing of the common agricultural policy, invalid?

2. Is Commission Regulation 259/2008 laying down detailed rules for the application of Council Regulation 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD)
(a) invalid, or
(b) valid by reason only of the fact that Directive 2006/24/EC 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/EC is invalid?

3. If the provisions mentioned in the first and second questions are valid:

* Must the second indent of Article 18(2) of Directive 95/46/EC be interpreted as meaning that publication in accordance with Commission Regulation 259/2008 laying down detailed rules for the application of Council Regulation 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following implementation of the procedure – in lieu of notification to a supervisory authority – established by that article?

4. Must Article 20 of Directive 95/46/EC be interpreted as meaning that publication in accordance with Commission Regulation 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) may be effected only following exercise of the prior check required by national law in that case?

5. If the fourth question is answered in the affirmative:

* Must Article 20 of Directive 95/46/EC be interpreted as meaning that no effective prior check has been performed, if it was effected on the basis of a register established in accordance with the second indent of Article 18(2) of that directive which lacks an item of information prescribed?

6. Must Article 7 – and in this case, in particular, subparagraph (e) – of Directive 95/46/EC be interpreted as precluding a practice of storing the IP addresses of the users of a homepage without their express consent?”

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