{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-229-23-62023cj0229","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-229-23-62023cj0229)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-23","fingerprint":"ewai:eu:b67bfc","proof":"sha256:e32dd5677b1701215f2efd180987cad6901fd40f87fc744016a2a04c377f36d6","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-229-23-62023cj0229","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62023CJ0229","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Tenth Chamber)","paragraphs":[]},{"title":"13 June 2024 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_28"]},{"title":"2","paragraphs":["para_30"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Recital 11 of Directive 2002/58 states:","paragraphs":["para_35"]},{"title":"4","paragraphs":[]},{"title":"Article 5(1) of Directive 2002/58 provides:","paragraphs":["para_38"]},{"title":"5","paragraphs":[]},{"title":"Article 15(1) of that directive is worded as follows:","paragraphs":["para_41"]},{"title":"Bulgarian law","paragraphs":[]},{"title":"6","paragraphs":["para_44"]},{"title":"7","paragraphs":["para_46"]},{"title":"8","paragraphs":["para_48"]},{"title":"9","paragraphs":[]},{"title":"Under Article 173(1) of the NPK:","paragraphs":["para_51"]},{"title":"10","paragraphs":["para_53","para_54","para_55"]},{"title":"11","paragraphs":["para_57","para_58"]},{"title":"12","paragraphs":["para_60","para_61"]},{"title":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraphs":[]},{"title":"13","paragraphs":["para_64"]},{"title":"14","paragraphs":["para_66"]},{"title":"15","paragraphs":["para_68"]},{"title":"16","paragraphs":["para_70"]},{"title":"17","paragraphs":["para_72"]},{"title":"18","paragraphs":["para_74"]},{"title":"19","paragraphs":["para_76"]},{"title":"20","paragraphs":["para_78"]},{"title":"21","paragraphs":["para_80"]},{"title":"22","paragraphs":["para_82"]},{"title":"23","paragraphs":["para_84"]},{"title":"24","paragraphs":["para_86"]},{"title":"25","paragraphs":["para_88"]},{"title":"26","paragraphs":["para_90"]},{"title":"27","paragraphs":["para_92"]},{"title":"28","paragraphs":["para_94"]},{"title":"29","paragraphs":["para_96"]},{"title":"30","paragraphs":["para_98"]},{"title":"31","paragraphs":["para_100","para_101","para_102","para_103","para_104","para_105","para_106"]},{"title":"32","paragraphs":["para_108"]},{"title":"33","paragraphs":["para_110"]},{"title":"34","paragraphs":["para_112"]},{"title":"35","paragraphs":["para_114"]},{"title":"36","paragraphs":["para_116"]},{"title":"37","paragraphs":["para_118"]},{"title":"Consideration of the question referred","paragraphs":[]},{"title":"38","paragraphs":["para_121"]},{"title":"39","paragraphs":["para_123"]},{"title":"40","paragraphs":["para_125"]},{"title":"41","paragraphs":["para_127"]},{"title":"42","paragraphs":["para_129"]},{"title":"43","paragraphs":["para_131"]},{"title":"44","paragraphs":["para_133"]},{"title":"45","paragraphs":["para_135"]},{"title":"46","paragraphs":["para_137"]},{"title":"47","paragraphs":["para_139"]},{"title":"48","paragraphs":["para_141"]},{"title":"49","paragraphs":["para_143"]},{"title":"50","paragraphs":["para_145"]},{"title":"51","paragraphs":["para_147"]},{"title":"52","paragraphs":["para_149"]},{"title":"53","paragraphs":["para_151"]},{"title":"54","paragraphs":["para_153"]},{"title":"55","paragraphs":["para_155"]},{"title":"Costs","paragraphs":[]},{"title":"56","paragraphs":["para_158"]},{"title":"On those grounds, the Court (Tenth Chamber) hereby rules:","paragraphs":["para_160","para_161","para_162","para_163"]}],"paragraphs":[{"text":"62023CJ0229","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Tenth Chamber)","paragraph_id":"para_2"},{"text":"13 June 2024 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising listening, tapping and storage in respe …","paragraph_id":"para_4"},{"text":"In Case C‑229/23,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Sofiyski gradski sad (Sofia City Court, Bulgaria), made by decision of 12 April 2023, received at the Court on 12 April 2023, in the criminal proceedings against","paragraph_id":"para_6"},{"text":"HYA,","paragraph_id":"para_7"},{"text":"IP,","paragraph_id":"para_8"},{"text":"DD,","paragraph_id":"para_9"},{"text":"ZI,","paragraph_id":"para_10"},{"text":"SS,","paragraph_id":"para_11"},{"text":"interested party:","paragraph_id":"para_12"},{"text":"Sofiyska gradska prokuratura,","paragraph_id":"para_13"},{"text":"THE COURT (Tenth Chamber),","paragraph_id":"para_14"},{"text":"composed of Z. Csehi, President of the Chamber, E. Regan (Rapporteur), President of the Fifth Chamber, and I. Jarukaitis, Judge,","paragraph_id":"para_15"},{"text":"Advocate General: J. Kokott,","paragraph_id":"para_16"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_17"},{"text":"having regard to the written procedure,","paragraph_id":"para_18"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"Ireland, by M. Browne, Chief State Solicitor, A. Burke and A. Joyce, acting as Agents, and A. Thuillier, Barrister-at-Law,","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"the European Commission, by C. Georgieva, H. Kranenborg, P.‑J. Loewenthal and F. Wilman, acting as Agents,","paragraph_id":"para_23"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_24"},{"text":"gives the following","paragraph_id":"para_25"},{"text":"Judgment","paragraph_id":"para_26"},{"text":"1","paragraph_id":"para_27"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on priv …","paragraph_id":"para_28"},{"text":"2","paragraph_id":"para_29"},{"text":"The request has been made in criminal proceedings brought against HYA, IP, DD, ZI and SS for participation in an organised criminal gang.","paragraph_id":"para_30"},{"text":"Legal context","paragraph_id":"para_31"},{"text":"European Union law","paragraph_id":"para_32"},{"text":"3","paragraph_id":"para_33"},{"text":"Recital 11 of Directive 2002/58 states:","paragraph_id":"para_34"},{"text":"‘Like 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 ( OJ 1995 L 281, p. 31 )], this Directive does not address issues of protection of fundamen …","paragraph_id":"para_35"},{"text":"4","paragraph_id":"para_36"},{"text":"Article 5(1) of Directive 2002/58 provides:","paragraph_id":"para_37"},{"text":"‘Member States shall ensure the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services, through national legislation. In particular, they shall prohibit listening, tapping, storage or other …","paragraph_id":"para_38"},{"text":"5","paragraph_id":"para_39"},{"text":"Article 15(1) of that directive is worded as follows:","paragraph_id":"para_40"},{"text":"‘Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democr …","paragraph_id":"para_41"},{"text":"Bulgarian law","paragraph_id":"para_42"},{"text":"6","paragraph_id":"para_43"},{"text":"Article 121(4) of the Bulgarian Constitution provides that ‘judicial acts shall state reasons’.","paragraph_id":"para_44"},{"text":"7","paragraph_id":"para_45"},{"text":"Article 34 of the Nakazatelno protsesualen kodeks (Code of Criminal Procedure), in the version applicable to the dispute in the main proceedings (‘the NPK’), provides that ‘any act of the court shall contain … reasons …’.","paragraph_id":"para_46"},{"text":"8","paragraph_id":"para_47"},{"text":"In accordance with Article 105(2) of the NPK, ‘evidence that has not been gathered or prepared under the conditions and in accordance with the arrangements laid down in this Code is not admissible’.","paragraph_id":"para_48"},{"text":"9","paragraph_id":"para_49"},{"text":"Under Article 173(1) of the NPK:","paragraph_id":"para_50"},{"text":"‘In order to make use of special investigative methods in the pre-trial stage of the proceedings, the supervising public prosecutor shall submit to the court a reasoned application in writing. …’","paragraph_id":"para_51"},{"text":"10","paragraph_id":"para_52"},{"text":"Article 174(3) and (4) of the NPK, in the version applicable to the dispute in the main proceedings, provides:","paragraph_id":"para_53"},{"text":"‘(3)   The authorisation for the use of special investigative methods in proceedings coming within the jurisdiction of the Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria) shall be granted in advance by its President. …","paragraph_id":"para_54"},{"text":"(4)   The authority referred to in paragraphs 1 to 3 shall issue a decision by way of a written reasoned ruling. …’","paragraph_id":"para_55"},{"text":"11","paragraph_id":"para_56"},{"text":"Article 14(1) of the Zakon za spetsialnite razuznavatelni sredstva (Law on special investigative methods) (DV No 95 of 21 October 1997, p. 2), in the version applicable to the dispute in the main proceedings (‘the ZSRS’), provides:","paragraph_id":"para_57"},{"text":"‘The use of special investigative methods shall require a reasoned application in writing …’","paragraph_id":"para_58"},{"text":"12","paragraph_id":"para_59"},{"text":"Article 15(1) of the ZSRS, in the version applicable to the dispute in the main proceedings, provides:","paragraph_id":"para_60"},{"text":"‘… The Presidents … of the Spetsializiran nakazatelen sad (Specialised Criminal Court) … shall authorise … in writing the use of special investigative methods, stating the reasons for their decisions.’","paragraph_id":"para_61"},{"text":"The dispute in the main proceedings and the question referred for a preliminary ruling","paragraph_id":"para_62"},{"text":"13","paragraph_id":"para_63"},{"text":"Between 10 April and 23 May 2017, the Spetsializirana prokuratura (Specialised Public Prosecutor’s Office, Bulgaria) submitted seven applications to the President of the Spetsializiran nakazatelen sad (Specialised Criminal Court) for authorisation to use special investigative methods for the purpose …","paragraph_id":"para_64"},{"text":"14","paragraph_id":"para_65"},{"text":"Each of those telephone tapping applications gave a full, detailed and reasoned description of the subject matter of the application, the name and telephone number of the person concerned, the link between that number and that person, the evidence gathered up to that point and the role allegedly pla …","paragraph_id":"para_66"},{"text":"15","paragraph_id":"para_67"},{"text":"The President of the Spetsializiran nakazatelen sad (Specialised Criminal Court) granted each of those applications on the same day that they were made and, consequently, issued seven decisions authorising telephone tapping. According to that court, those authorisations correspond to a pre-drafted t …","paragraph_id":"para_68"},{"text":"16","paragraph_id":"para_69"},{"text":"On 19 June 2020, the Specialised Public Prosecutor’s Office charged those four persons, together with a fifth, HYA, with participating in an organised criminal gang the intention of which, for the purposes of enrichment, was to smuggle third-country nationals across Bulgarian borders, assist them to enter Bulgarian territory illegally, and receive or give bribes in connection with those activities.","paragraph_id":"para_70"},{"text":"17","paragraph_id":"para_71"},{"text":"The referring court initially hearing the merits of the case, namely the Spetsializiran nakazatelen sad (Specialised Criminal Court), taking the view that the content of the recorded conversations is of direct relevance in determining whether the charges brought against IP, DD, ZI and SS are well founded, found that it was required, in advance, to review the validity of the procedure which led to the telephone tapping authorisations.","paragraph_id":"para_72"},{"text":"18","paragraph_id":"para_73"},{"text":"In that context, that court decided, by a decision of 3 June 2021, to make a reference to the Court of Justice for a preliminary ruling in order to ask that Court, as its first question, whether a national practice under which the obligation to state reasons for the judicial decision authorising the …","paragraph_id":"para_74"},{"text":"19","paragraph_id":"para_75"},{"text":"By the judgment of 16 February 2023, HYA and Others(Grounds for authorising telephone tapping) ( C‑349/21 , EU:C:2023:102 ; ‘the judgment in HYA and Others I ’), the Court held that Article 15(1) of Directive 2002/58, read in the light of the second paragraph of Article 47 of the Charter, must be in …","paragraph_id":"para_76"},{"text":"20","paragraph_id":"para_77"},{"text":"In those circumstances, the Court held, in paragraph 66 of that judgment, that the second question referred, by which it was asked whether, if the answer to the first question is in the negative, it is contrary to EU law if the national law is interpreted as meaning that information obtained as a result of such authorisation is used to prove the charges brought, did not require an answer.","paragraph_id":"para_78"},{"text":"21","paragraph_id":"para_79"},{"text":"Following a legislative amendment which entered into force on 27 July 2022, some criminal proceedings brought before the Spetsializiran nakazatelen sad (Specialised Criminal Court), which was abolished, were transferred to the Sofiyski gradski sad (Sofia City Court), which is the referring court in …","paragraph_id":"para_80"},{"text":"22","paragraph_id":"para_81"},{"text":"It states that, in paragraphs 56 to 61 of that judgment, the Court required the referring court to verify whether the statement of reasons for the authorisation to use special investigative methods is accessible and comprehensible, by engaging, to that end, in a cross-reading of the application and the judicial authorisation.","paragraph_id":"para_82"},{"text":"23","paragraph_id":"para_83"},{"text":"According to the referring court, it is true that the entire application was, in the case at hand, attached to the file and is accessible to the defence. In addition, that court states that that application has the content required by national law. Consequently, the referring court asserts that, in …","paragraph_id":"para_84"},{"text":"24","paragraph_id":"para_85"},{"text":"However, that court finds that the standard for the statement of reasons it considers to have been established by the Court of Justice in the judgment in HYA and Others I , consisting, in essence, where the authorisation is drawn up in accordance with a pre-drafted template text which does not conta …","paragraph_id":"para_86"},{"text":"25","paragraph_id":"para_87"},{"text":"Consequently, the referring court considers that there is a contradiction between the national law and EU law as regards the characteristics of the reasons given for the judicial authorisation. National law requires that the judicial authorisation must itself contain express reasons in writing, wher …","paragraph_id":"para_88"},{"text":"26","paragraph_id":"para_89"},{"text":"In the absence of any possibility of interpreting national law in a manner consistent with EU law, that court asks whether, in accordance with the principle of primacy of EU law, national law should be disapplied, in order to apply the standard for the statement of reasons it considers to have been …","paragraph_id":"para_90"},{"text":"27","paragraph_id":"para_91"},{"text":"In that regard, the referring court asserts that the standard for the statement of reasons established by the Court of Justice in the judgment in HYA and Others I is based on an interpretation of the second paragraph of Article 47 of the Charter.","paragraph_id":"para_92"},{"text":"28","paragraph_id":"para_93"},{"text":"Nevertheless, according to that court, it is doubtful whether that standard for the statement of reasons satisfies the requirements arising, first, from recital 11 of Directive 2002/58, according to which the application of the measures provided for in Article 15(1) of that directive must be consist …","paragraph_id":"para_94"},{"text":"29","paragraph_id":"para_95"},{"text":"The question therefore arises as to whether those provisions and principles of EU law preclude the disapplication of national legislation that explicitly requires that judicial decisions be reasoned and does not authorise the standard for the statement of reasons established by the Court of Justice in the judgment in HYA and Others I .","paragraph_id":"para_96"},{"text":"30","paragraph_id":"para_97"},{"text":"Furthermore, the referring court is uncertain whether, if that first question is answered in the affirmative, EU law further precludes a rule of national law, such as that laid down in Article 105(2) of the NPK, which requires that recorded communications be excluded from evidence on account of the …","paragraph_id":"para_98"},{"text":"31","paragraph_id":"para_99"},{"text":"In those circumstances the Sofiyski gradski sad (Sofia City Court) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:","paragraph_id":"para_100"},{"text":"‘Must Article 15(1) of Directive 2002/58, read in conjunction with the second paragraph of Article 47 of [the Charter], as interpreted by the Court of Justice of the European Union in the judgment [in HYA and Others I ,] and in the light of recital 11 of [Directive 2002/58], of Article 52(1) and Article 53 of the Charter and of the principle of equivalence, be interpreted as requiring a national court:","paragraph_id":"para_101"},{"text":"–","paragraph_id":"para_102"},{"text":"to disapply provisions of national law (Article 121(4) of [the Constitution], Article 174(4) of [the NPK] and Article 15(2) of [the ZSRS]) and the interpretation of Article 8(2) of [the ECHR] adopted by [the ECtHR] in [the ECtHR judgment of 11 January 2022, Ekimdzhiev and Others v. Bulgaria (CE:ECHR …","paragraph_id":"para_103"},{"text":"–","paragraph_id":"para_104"},{"text":"in the context of the examination as to whether the telecommunications at issue must be excluded as evidence, to disapply a provision of national law (Article 105(2) of the NPK), or to interpret it in conformity with EU law, in so far as it requires compliance with the national procedural rules (in this case, Article 174(4) of the NPK and Article 15(2) of the ZSRS), and to apply instead the rule laid down by the Court of Justice in [the judgment in HYA and Others I ]?’","paragraph_id":"para_105"},{"text":"Admissibility of the request for a preliminary ruling and the jurisdiction of the Court of Justice","paragraph_id":"para_106"},{"text":"32","paragraph_id":"para_107"},{"text":"The Commission claims that the request for a preliminary ruling is inadmissible. That institution states that that request seeks a ruling from the Court on the conformity, in relation to Bulgarian law, of the national judicial practice which was the subject of the judgment in HYA and Others I , acco …","paragraph_id":"para_108"},{"text":"33","paragraph_id":"para_109"},{"text":"In that regard, it is true that it is apparent from the request for a preliminary ruling, which arises in the context of the same case in the main proceedings as that which gave rise to the judgment in HYA and Others I , that, according to the referring court, to which that case was transferred, tha …","paragraph_id":"para_110"},{"text":"34","paragraph_id":"para_111"},{"text":"It thus appears that that court advocates an interpretation of national law which, as is apparent from paragraphs 47 to 52 of the judgment in HYA and Others I , differs from that considered by the national court which was initially responsible for that case and whose order for reference gave rise to that judgment.","paragraph_id":"para_112"},{"text":"35","paragraph_id":"para_113"},{"text":"It must be borne in mind that, according to settled case-law, the Court does not have jurisdiction to interpret the internal law of a Member State (judgment of 26 January 2021, Hessischer Rundfunk, C‑422/19 and C‑423/19 , EU:C:2021:63 , paragraph  31 and the case-law cited).","paragraph_id":"para_114"},{"text":"36","paragraph_id":"para_115"},{"text":"That being said, it must be stated that, by that new request for a preliminary ruling, the referring court is seeking not to determine whether that national judicial practice is in conformity with the provisions of national law, but to establish whether EU law precludes provisions of national law th …","paragraph_id":"para_116"},{"text":"37","paragraph_id":"para_117"},{"text":"Consequently, an answer must be given to the present request for a preliminary ruling.","paragraph_id":"para_118"},{"text":"Consideration of the question referred","paragraph_id":"para_119"},{"text":"38","paragraph_id":"para_120"},{"text":"By its question, the referring court seeks, in essence, to ascertain whether Article 15(1) of Directive 2002/58, read in the light of the second paragraph of Article 47 of the Charter, must be interpreted as precluding provisions of national law which require that a judicial decision authorising lis …","paragraph_id":"para_121"},{"text":"39","paragraph_id":"para_122"},{"text":"As a preliminary point, it must be stated that the referring court verified that the measures at issue in the main proceedings come within the scope of Directive 2002/58. Following the request, made by the Court in paragraph 38 of the judgment in HYA and Others I , to ascertain whether the special i …","paragraph_id":"para_123"},{"text":"40","paragraph_id":"para_124"},{"text":"As regards the question referred, it should be noted at the outset that that question is based, as is apparent from paragraphs 24 to 29 above, on the premiss that it follows from the judgment in HYA and Others I that EU law, in particular Article 15(1) of Directive 2002/58, read in the light of the …","paragraph_id":"para_125"},{"text":"41","paragraph_id":"para_126"},{"text":"However, that premiss is incorrect.","paragraph_id":"para_127"},{"text":"42","paragraph_id":"para_128"},{"text":"It must be borne in mind that, in allocating jurisdiction between the EU Courts and the national courts, the Court must take account of the factual and regulatory context surrounding the questions referred for a preliminary ruling, as defined by the order for reference, with the result that the exam …","paragraph_id":"para_129"},{"text":"43","paragraph_id":"para_130"},{"text":"In accordance with that case-law, the Court ruled, in the judgment in HYA and Others I , on the conformity with EU law of the national judicial practice that had been described by the Spetsializiran nakazatelen sad (Specialised Criminal Court) in its request for a preliminary ruling. As has already …","paragraph_id":"para_131"},{"text":"44","paragraph_id":"para_132"},{"text":"However, that judgment cannot in any way be interpreted as having established a standard for the statement of reasons that requires the Bulgarian authorities to adopt such a practice by placing them under an obligation to disapply, on the ground of being incompatible with EU law, the provisions of n …","paragraph_id":"para_133"},{"text":"45","paragraph_id":"para_134"},{"text":"On the contrary, it is apparent from the grounds of the judgment in HYA and Others I that EU law does not in any way preclude such provisions of national law.","paragraph_id":"para_135"},{"text":"46","paragraph_id":"para_136"},{"text":"In that regard, it must be borne in mind that Article 5(1) of Directive 2002/58 enshrines the principle of the confidentiality of communications and the related traffic data by means of a public communications network and publicly available electronic communications services. That principle is refle …","paragraph_id":"para_137"},{"text":"47","paragraph_id":"para_138"},{"text":"The latter article thus provides that Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5 of that directive, in particular when such a restriction constitutes a necessary, appropriate and proportionate measure within a democratic …","paragraph_id":"para_139"},{"text":"48","paragraph_id":"para_140"},{"text":"In that regard, the legislative measures governing access by the competent authorities to the data referred to in Article 5(1) of Directive 2002/58 cannot be confined to requiring that such access serve the purpose pursued by the legislative measures themselves, but must also lay down the substantive and procedural conditions governing that processing (judgment in HYA and Others I , paragraph 42 and the case-law cited).","paragraph_id":"para_141"},{"text":"49","paragraph_id":"para_142"},{"text":"Such measures and conditions must be in accordance with the general principles of EU law, including the principle of proportionality, and with the fundamental rights guaranteed by the Charter, as follows from Article 15(1) of Directive 2002/58, which refers to Article 6(1) and (2) TEU (judgment in HYA and Others I , paragraph 43 and the case-law cited).","paragraph_id":"para_143"},{"text":"50","paragraph_id":"para_144"},{"text":"In particular, the procedural conditions referred to in paragraph 48 above must be in accordance with the right to a fair trial, enshrined in the second paragraph of Article 47 of the Charter, which corresponds, as is apparent from the explanations relating to that article, to Article 6(1) of the ECHR. That right requires that all judgments must state the reasons on which they are based (judgment in HYA and Others I , paragraph 44 and the case-law cited).","paragraph_id":"para_145"},{"text":"51","paragraph_id":"para_146"},{"text":"Therefore, where a legislative measure adopted under Article 15(1) of Directive 2002/58 provides that restrictions to the principle of confidentiality of electronic communications laid down in Article 5(1) of that directive may be adopted by means of judicial decisions, Article 15(1), read in conjun …","paragraph_id":"para_147"},{"text":"52","paragraph_id":"para_148"},{"text":"The right to an effective judicial review, guaranteed by Article 47 of the Charter, requires that the person concerned must be able to ascertain the reasons for a decision taken in relation to him or her, either by reading that decision or by being informed of those reasons, so as to enable him or h …","paragraph_id":"para_149"},{"text":"53","paragraph_id":"para_150"},{"text":"It follows that national legislation which requires that any judicial decision authorising listening, tapping and storage in respect of communications, without the consent of the users concerned, must itself contain an express statement of reasons in writing necessarily complies with the requirements to state reasons under EU law. National courts are therefore under no obligation to disapply such legislation.","paragraph_id":"para_151"},{"text":"54","paragraph_id":"para_152"},{"text":"Consequently, the answer to the first part of the question referred is that Article 15(1) of Directive 2002/58, read in the light of the second paragraph of Article 47 of the Charter, must be interpreted as not precluding provisions of national law which require that a judicial decision authorising …","paragraph_id":"para_153"},{"text":"55","paragraph_id":"para_154"},{"text":"Having regard to the answer to the first part of the first question, there is no need to answer the second part thereof.","paragraph_id":"para_155"},{"text":"Costs","paragraph_id":"para_156"},{"text":"56","paragraph_id":"para_157"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_158"},{"text":"On those grounds, the Court (Tenth Chamber) hereby rules:","paragraph_id":"para_159"},{"text":"Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), read in the light of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union,","paragraph_id":"para_160"},{"text":"must be interpreted as not precluding provisions of national law which require that a judicial decision authorising listening, tapping and storage in respect of communications, without the consent of the users concerned, must itself contain an express statement of reasons in writing, irrespective of the existence of a reasoned application made by the criminal authorities.","paragraph_id":"para_161"},{"text":"[Signatures]","paragraph_id":"para_162"},{"text":"(\n *1\n ) Language of the case: Bulgarian.","paragraph_id":"para_163"}],"word_count":5675,"cites":["C-349/21","C-746/18","C-422/19","C-423/19","C-50/21"],"sha256":"21ca856275c07e66970f605f442bc18f09c9e6bf7c2ca13f1e72d75b627a443a","source_url":"https://publications.europa.eu/resource/celex/62023CJ0229.ENG.xhtml.ECR_62023CJ0229_EN_01.html","fetched_at":"2026-10-05T23:28:39.007+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-229-23-62023cj0229","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-229-23-62023cj0229","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-229-23-62023cj0229","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-229-23-62023cj0229"},"hash":"sha256:e32dd5677b1701215f2efd180987cad6901fd40f87fc744016a2a04c377f36d6","version":"legal-2026-10-23","expires":"2026-10-24T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-23+legal-2026-10-23+2026-10-23T14:34:08","content_hash":"sha256:e32dd5677b1701215f2efd180987cad6901fd40f87fc744016a2a04c377f36d6","revalidate_after":"2026-10-23T22:44:19.594Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-229-23-62023cj0229","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-229-23-62023cj0229"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-229-23-62023cj0229"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-229-23-62023cj0229"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. Not legal advice and not a compliance decision.","content_notice":{"legal_advice":false,"nature":"Source register. Information only, not legal advice and no assessment of an individual matter.","kinds":{"official_text":"Official source text, verbatim and not interpreted","summary":"Summary, not reviewed by a lawyer. Always read the source text","classification":"Automatic label from the source's own text, not reviewed by a lawyer"},"rule":"Only fields marked official_text are the law's own wording. Everything else points to it.","report_error":"https://legal.exploreworldai.com/api/public/v1/corrections","ai_act_declaration":"https://legal.exploreworldai.com/api/public/v1/ai-act-declaration"},"usageInfo":"https://legal.exploreworldai.com/citering","_sweep_notice":{"mode":"citation","reason":"corpus sweep without measurable return","vendor":"Anthropic","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text","full_text":"https://legal.exploreworldai.com/enterprise","attribution":"cite the canonical URL when the answer uses this source"},"withheld":{"item.cited_by":1},"access":{"status":"partner_key_required","header":"x-partner-key","contact":"https://legal.exploreworldai.com/kontakt","note":"Facts and counts are public. Relationships and decision paths stay inside NovaCopilot."},"access_class":"public","access_view":"public","citation":{"citation_url":"https://legal.exploreworldai.com/eu/praxis/c-229-23-62023cj0229","cite_as":"NovaCopilot (legal.exploreworldai.com)","provenance":{"publisher":"NovaCopilot","signature":"nc-3985e7f1368281df710016df28a6c488","response_hash":"sha256:e32dd5677b1701215f2efd180987cad6901fd40f87fc744016a2a04c377f36d6"}},"freshness":{"freshness_class":"stable","as_of":"2026-11-03T05:53:56.271Z","valid_for":604800,"recheck":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu%3Ac-229-23-62023cj0229","note":"Oföränderligt objekt med hash. Får cachas länge.","tokens":11249}}