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THE HIGH COURT - EUROPE versus FACEBOOK

THE HIGH COURT . COMMERCIAL. [2016 No. 4809 P.]. BETWEEN. THE DATA PROTECTION COMMISSIONER. PLAINTIFF. AND. FACEBOOK IRELAND LIMITED AND MAXIMILLIAN SCHREMS. DEFENDANTS. JUDGMENT of Ms. Justice Costello delivered on the 3rd day of October, 2017. Introduction 1. This is an unusual case. The proceedings have been brought in this COURT for the purposes of obtaining a ruling from the COURT of Justice of the European Union ( the CJEU ) on the validity of three decisions of the Commission of the European Union ( the Commission ) insofar as they apply to data transfers from the European Economic Area ( the EEA ) to the United States of America. The decisions are: (1) Commission Decision 2001/497/EC of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC [2001] OJ L181/19;. (2) Commission Decision 2004/915/EC of 27 December 2004 amending decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries (notified under document number C(2004)5271) [2004] OJ.

5 Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the ...

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