Judgment_paragraph 124 · Bundesrepublik Deutschland v SpaceNet AG and Telekom Deutschland GmbH (C-793/19)

124In the same vein, the Court stated, in paragraph 145 of the judgment of 6 October 2020, La Quadrature du Net and Others (C‑511/18, C‑512/18 and C‑520/18, EU:C:2020:791), that even the positive obligations of the Member States which may arise, depending on the circumstances, from Articles 3, 4 and 7 of the Charter and which relate, as pointed out in paragraph 64 above, to the establishment of rules to facilitate effective action to combat criminal offences, cannot have the effect of justifying interference that is as serious as that entailed by national legislation providing for the retention of traffic and location data with the fundamental rights, enshrined in Articles 7 and 8 of the Charter, of practically the entire population, in circumstances where the data of the persons concerned are not liable to disclose a link, at least an indirect one, between those data and the objective pursued (judgment of 5 April 2022, Commissioner of An Garda Síochána and Others, C‑140/20, EU:C:2022:258, paragraph 95).

Bundesrepublik Deutschland v SpaceNet AG and Telekom Deutschland GmbH (C-793/19)

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