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European Commission – CJEU Judgment (European Union, 2001)
CJEU precedent (Directive 95/46/EC, pre-GDPR)
This is a Court of Justice judgment predating the GDPR. It interprets Directive 95/46/EC (the Data Protection Directive). It is not a cookie or ePrivacy case and is excluded from cookie statistics and the Risk Calculator.
The European Commission took Luxembourg to court for not following data protection rules from an earlier directive. The Court of Justice ruled that Luxembourg failed to implement these rules on time. This decision emphasizes the importance of timely compliance with EU laws.
What happened
The European Commission claimed Luxembourg did not implement the Data Protection Directive as required.
Who was affected
Luxembourg, as a member state of the EU, was affected by this ruling.
What the authority found
The Court held that Luxembourg did not fulfill its obligations under the Data Protection Directive, violating EU law.
Why this matters
This ruling reinforces that EU member states must comply with data protection laws promptly. It serves as a reminder for all businesses to stay updated on legal requirements.
Source checks
Secondary-source text retrieved.
Automated check recorded — 21 March 2026.
Processing notes: authority corrected.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
On the 7th December 2000, the European Commission brought an action before the Court of Justice seeking a declaration that Luxembourg had failed to implement Directive 95/46/EC (the Data Protection Directive, herein “the Directive”), and in doing so, had violated Article 32 of the Directive. Article 32(1) of the Directive required Member States to implement any local laws, regulations and administrative necessary to transpose the Directive within three years following the adoption of the Directive, and to notify the Commission of same. On 26th August 1999, the Commission issued a reasoned opinion to Luxembourg requesting that they adopt the measures necessary to transpose the Directive within two months. Luxembourg responded at the end of the stated period, stating that a preliminary draft law had been prepared for submission to the legislature and that the delay was attributable to the change in government which had occurred in that year. The Court referred to Luxembourg’s explanation for the delay, and referenced the previous decision in C-4707/98 Commission v Greece [2000]. In the Greece decision, the Court found that provisions, practices and circumstances existing in the domestic legal system of a Member State may not be successfully relied up to justify a failure to comply with obligations laid down in a Directive. The Court applied the dicta in Greece and accordingly found that Luxembourg had failed to fulfil their obligations under Article 32 of the Directive.
Outcome
CJEU Case
A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.
Related Cases (2)
Other cases involving European Commission in EU
CJEU Case
Details
Judgment Date
4 October 2001
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-9006About this data
Cite as: Cookie Fines. European Commission - European Union (2001). Retrieved from cookiefines.eu
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