2. Article 12 and Article 24(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, read in conjunction with Article 6 of the Charter of Fundamental Rights of the European Union,

must be interpreted as:

not precluding a person who is the subject of a European arrest warrant, whose surrender to the authorities of the issuing Member State has been postponed for the purposes of a criminal prosecution instituted against him or her in the executing Member State, from being kept in detention on the basis of the European arrest warrant whilst the criminal prosecution is being conducted.

1. Article 12(2)(a) and (d) of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) and Article 23(2)(g) and (h) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6 and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC, read in conjunction with Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, and read in the light of Articles 7, 8 and 11 and of Article 52(1) of the Charter of Fundamental Rights of the European Union

must be interpreted as precluding legislative measures which, as a preventive measure, in order to combat market abuse offences including insider dealing, provide for the general and indiscriminate retention of traffic data for a year from the date on which they were recorded.

Even after the Article 17 time-limits have expired, the executing judicial authority must still decide whether to execute the European arrest warrant. Article 12, read with Article 17, does not preclude the requested person from remaining in custody under the law of the executing Member State, even if the total time in custody exceeds those time-limits — provided that the custody is not excessive in light of the characteristics of the procedure, which is for the national court to determine. If the executing judicial authority ends the requested person’s custody, it must attach to that person’s provisional release any measures it considers necessary to prevent absconding and to ensure that the conditions needed for effective surrender remain fulfilled until a final decision on execution of the European arrest warrant is taken.

Article 12 of Directive 2002/58 does not prevent national legislation requiring an undertaking that publishes public directories to pass on personal data it holds on subscribers of other telephone service providers to a third-party undertaking that publishes printed or electronic public directories or provides directory enquiry services, even without renewed consent. That is so provided that, before the data were first included in a public directory, the subscribers were informed of the purpose of that directory and that their data could be communicated to another telephone service provider, and provided that it is guaranteed that, once passed on, the data will not be used for purposes other than those for which they were collected for that first publication.

A national of one Member State who is lawfully resident in another Member State can rely on the first paragraph of Article 12 EC against that State’s legislation setting the conditions under which its competent judicial authority may refuse to execute a European arrest warrant issued to enforce a custodial sentence.

Article 12 EC does not preclude legislation of an executing Member State under which its competent judicial authority must refuse to execute a European arrest warrant issued to enforce a custodial sentence against one of its own nationals, even though refusal for a national of another Member State who has a right of residence under Article 18(1) EC is subject to that person having lawfully resided continuously for five years in the executing Member State.