The Irish High Court has found that an application for a preliminary ruling sought by Digital Rights Ireland (DRI) was too complex and “not possible or appropriate” to be granted. An application for reference to the Court of Justice of the European Union (CJEU) was also rejected.
The case concerned allegations that various Government departments wrongfully exercise control over data in that they have illegally processed and stored data relating to DRI, its members and other mobile phone users contrary to statute European Union law and the Constitution – further to the findings of the CJEU in Digital Rights Ireland v. Ireland. DRI was of the view that evidence was not required and this was an appropriate case in which to deal with the matter in an efficient and cost effective way by trial of a preliminary issue of the matters of European law in the proceedings.
The Court emphasised that it was not concerned with the merits of the case, but with how the case should proceed to be tried. It noted the complex nature of the proceedings and in the circumstances could not accept that it was appropriate to proceed without evidence.
In denying the preliminary reference, the Court also noted the lack of clarity, and did not find continuity with either the provisions of the Charter of Fundamental Rights and Freedoms, nor the results of the CJEU case, as the plaintiffs had claimed.
The Court clarified the various obstacles of the potential trial of the preliminary issue and its inability to save time or costs. It stressed that an action “cannot be tried in vacuum” and that the “European law issues”, that were being brought forward would require immense amendments in order to reflect the judgement of the CJEU in Digital Rights Ireland v. Ireland.
As an alternative, DRI invited the court to make a reference to the CJEU, however the Judge ruled that although parties can refer issues to the Court of Justice, there was no legal right to such a reference. The Court did not deem a reference necessary at this stage of proceedings, but acknowledged that the trial judge may seek a reference at a later stage to clarify issues in the case.
Click here for the full judgement in the case.
Click here for the PILA case summary of Digital Rights Ireland v Ireland.