European Parliament v. Council of the European Union and European Commission, Case C-317/04 and C- 318/04, CJEU (Grand Chamber), 30 May 2006

Protection, treatment and transfer of personal data contained in the Passenger Name Record or PNR data by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection for national security purposes and prevention of terrorism.

Art. 8 ECHR

Due to a breach of Directive 95/46/CE relating to the protection of individuals with regards to the processing of personal data and free circulation of the latter, and a lack of competence of the Community in such field, the decision on adequacy taken by the Commission of the European Community on 14 May 2004, 2004/465/CE, relating to the stipulation of an Agreement with the USA on data processing and transferring by air carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection, which are excluded from the scope of the Directive above mentioned, and Decision 2004/535/CE of the Commission on the adequacy of the protection of personal data in Passenger Name Records are annulled by the Court on recourse of the European Parliament.