- Enforcing jurisdiction
- European Union · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
YS – CJEU Judgment (European Union, 2014)
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.
Two people applying for residence permits in the Netherlands were denied access to detailed internal documents about their applications. The court examined whether these documents contained personal data and if the government could refuse access. This ruling is important for understanding transparency in immigration processes.
What happened
The Dutch government refused to provide detailed internal documents related to two residency applications.
Who was affected
The applicants for residence permits in the Netherlands were affected by the refusal to access their application documents.
What the authority found
The Court of Justice ruled on the interpretation of personal data in the context of immigration procedures.
Why this matters
This decision highlights the balance between government transparency and privacy. It could influence how immigration authorities handle personal data requests in the future.
Source checks
Linked-source text retrieved.
Automated check recorded — 22 March 2026.
Processing notes: articles corrected, 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
This decision ruled about two joined cases which concern third country people who applied for a residence permit in the Netherlands. In immigration procedures in the Netherlands, when deciding on an application for asylum, the officer in charge of an application drafts a decision and a minute which contains a justification of the decision for internal purpose. This minute contains information such as name, date of birth, ethnicity, religion and gender. It also includes a legal analysis which consists in an assessment of the information in the light of the legal provisions. These minutes were made available upon request until it the administration realised the amount of work it represented. From July 2009, the requests for communication of the minutes were therefore systematically refused and the administration provided a summary of the personal data contained in the document. The two applicants for residency requested a copy of the minute, which the administration refused. They only received the summary of personal data included in the documents. Both applicants contested this refusal with two different District Courts. These procedures were joint and several questions were referred to the Court of Justice for a preliminary ruling. The Court summarized these questions as follows: 1) The referring courts ask whether Article 2(a) of Directive 95/46 must be interpreted as meaning that the data relating to the applicant for a residence permit and the legal analysis included in the minute are ‘personal data’ within the meaning of that provision. 2) Does the protection of the rights and freedoms of others, within the meaning of Article 13(1)(g) of [Directive 95/46] …, also cover the interest in an internal undisturbed exchange of views within the public authority concerned? If the answer to that is in the negative, can that interest then be covered by Article 13(1)(d) or (f) of that directive? 3) The referring courts ask whether Article 12(a) of Directive 95/46 and Ar
Outcome
CJEU Case
A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.
Related Cases (0)
No other cases found for YS in EU
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
17 July 2014
Authority
Court of Justice of the European Union
About this data
Cite as: Cookie Fines. YS - European Union (2014). Retrieved from cookiefines.eu
Last updated: