Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 17 March 2020 — BD v Deutsche Lufthansa AG
(Case C-150/20)
Language of the case: German
Referring court
Amtsgericht Köln
Parties to the main proceedings
Applicant: BD
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?
____________
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).