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France / Court of Cassation / CR00434

Mr T/France
Deciding body type
National Court/Tribunal
Deciding body
Court of Cassation
Type
Decision
Decision date
01/04/2020
ECLI (European case law identifier)
ECLI:FR:CCASS:2020:CR00434

EU Charter of Fundamental Rights

Title II: Freedoms

Article 7 - Respect for private and family life

Title II: Freedoms

Article 8 - Protection of personal data

Title II: Freedoms

Article 11 - Freedom of expression and information

  • France / Court of Cassation / CR00434
     
    Key facts of the case:
    On 22 May 2014, a judicial investigation was opened against Mr. T. concerning allegations of insider trading and receiving stolen goods. This investigation was broadened to include insider trading and complicity and concealment of such offences. Following a report made on 23 and 25 September 2015 by the Secretary General of the Financial Markets Authority (Autorité des marchés financiers - AMF), accompanied by the communication of documents from an investigation by this independent public authority, including personal data relating to the use of telephone lines, the investigation was broadened under the same classifications and those of complicity, corruption and money laundering. On March 10, 2017, Mr. T. was indicted on charges of insider trading and money laundering. On 5 September 2017, Mr. T filed an application for the annulment of the procedural steps. The Court of Cassation examined an appeal by Mr T. against the order issued by the investigating chamber of the Paris Court of Appeal on 20 December 2018.
     
    Key legal question raised by the Court:
    Does the ability of AMF investigators to obtain login data without prior authorisation from a court or other independent administrative authority comply with the requirements of the Charter of Fundamental Rights of the European Union?
     
    Outcome of the case:
    Since, in addition to the question of access to connection data, there was also a question on the retention of connection data and, according to the Court of Cassation, the existing case law did not appear to provide the necessary insight, it was decided to send a preliminary question to the Court of Justice asking whether the French legislation on the retention of connection data complies with European Union law. With regard to the Monetary and Financial Code, the Court concluded that Article L. 621-1 did not comply with the requirements set out in Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union.
  • Paragraphs referring to EU Charter

    Although under Article L. 621-1 of the Monetary and Financial Code, both in its wording applicable at the date of the alleged offences and in its current wording, the AMF is 'an independent public authority', the option offered to its investigators to obtain connection data without prior authorisation by a court or other independent administrative authority did not comply with the requirements set out in Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union, as interpreted by the CJEU.

  • Paragraphs referring to EU Charter (original language)

    Bien que, selon l'article L. 621-1 du code monétaire et financier, tant dans sa rédaction applicable à la date des actes litigieux que dans sa rédaction actuelle, l'AMF soit "une autorité publique indépendante", la faculté offerte à ses enquêteurs d'obtenir des données de connexion sans contrôle préalable par une juridiction ou une autre autorité administrative indépendante n'était pas conforme aux exigences posées par les articles 7, 8 et 11 de la Charte des droits fondamentaux de l'Union européenne, tels qu'interprétés par la CJUE.