219However, unlike a breach of a procedural obligation such as the prior assessment of the impact of a project in the specific field of environmental protection, a failure to comply with Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter, cannot be remedied by a procedure comparable to the procedure referred to in the preceding paragraph. Maintaining the effects of national legislation such as that at issue in the main proceedings would mean that the legislation would continue to impose on providers of electronic communications services obligations which are contrary to EU law and which seriously interfere with the fundamental rights of the persons whose data has been retained.
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