By a partial favorable judgment list of telegram users in brazil dated July 15, 2010, the Spanish Supreme Court, on the one hand, declared the nullity of four provisions of said Regulation. And on the other, it decided to proceed with the referral of a query to the Court of Justice of the European Union on article 7, letter f), of Directive 95/46 on data protection and its compatibility with article 10, section 2, letters a), first case, and b), first paragraph, of said Regulation, which led to the challenge of this last article being left pending resolution until the Court of Justice of the European Union ruled on the aforementioned query articulated through two specific preliminary questions.
By formulating the two questions mentioned above, the Spanish Supreme Court intended to provide an interpretive criterion for the Court of Justice of the European Union regarding the scope of Article 7, letter f), of Directive 95/46 on data protection. And in this way, if the Court of Justice of the European Union were to decide, it would have a solid legal basis to rule on the possible invalidity of the aforementioned Article 10 of the Regulation given that (i) it is not up to the Member States to add additional requirements to those established in the Directive, and (ii) the aforementioned Article 7, letter f), can be recognized as having direct effect.
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The Court of Justice of the European Union has ruled, in its judgment of 24 November 2011 (Joined Cases C-468/10 and C-469/10), in a resolution that constitutes a milestone, since it is the first time that the Court has ruled directly on Article 7(f) of Directive 95/46, that.
