Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 16 March 2020 — AC v Deutsche Lufthansa AG

(Case C-148/20)

Language of the case: German

Referring court

Amtsgericht Köln

Parties to the main proceedings

Applicant: AC

Defendant: Deutsche Lufthansa AG

Questions referred

Is Directive (EU) 2016/681 ¹ compatible with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (the Charter) in relation to the following points:

(1) Are the PNR data to be transferred under the directive sufficiently specified, having regard to Articles 7 and 8 of the Charter?

(2) In view of its scope and having regard to Articles 7 and 8 of the Charter, does the directive provide for sufficient objective differentiation when PNR data are collected and transferred, in relation to the type of flights and the threat level in a particular country and in relation to the comparison against databases and patterns?

(3) Is the blanket, indiscriminating retention period for all PNR data compatible with Articles 7 and 8 of the Charter?

(4) Having regard to Articles 7 and 8 of the Charter, does the directive provide for adequate procedural protection of passengers in respect of the use of retained PNR data?

(5) Having regard to Articles 7 and 8 of the Charter, does the directive adequately safeguard the level of protection of European fundamental rights when PNR data are transferred to third country authorities by third countries?

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¹ Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ 2016 L 119, p. 132).