ePrivacy Directive

Article 17

Transposition

1. Before 31 October 2003 Member States shall bring into force the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive and of any subsequent amendments to those provisions.

Holdings

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C-215/2411 Sept 2025

Ministério Público v YX

Article 8(1) and Article 17(1) of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,

must be interpreted as precluding, where the competent judicial authority of the executing State has refused, under Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, to execute a European arrest warrant issued by the competent judicial authority of the issuing State for the purposes of enforcing a custodial sentence and the competent judicial authority of the executing State has undertaken to enforce that sentence, another competent judicial authority of the executing State from subsequently suspending, under its national law, the enforcement of that sentence.

C-129/2127 Oct 2022

Proximus NV v Gegevensbeschermingsautoriteit

A subscriber's request to have personal data removed from publicly available telephone directories and directory enquiry services is an exercise of the right to erasure.

C-129/2127 Oct 2022

Proximus NV v Gegevensbeschermingsautoriteit

Article 17(2) does not preclude a national supervisory authority from ordering a provider of publicly available telephone directories and directory enquiry services, after a subscriber has asked it to stop disclosing that subscriber's personal data, to take reasonable steps to inform search engine providers of that erasure request.

C-237/1516 Jul 2015

Minister for Justice and Equality v Francis Lanigan

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.

C-168/1330 May 2013

Jeremy F. v Premier ministre

Member States may provide for an appeal that suspends execution of the judicial authority’s decision, given within 30 days of receipt of the request, on whether to grant consent. That applies both to consent to the prosecution, sentencing or detention, with a view to carrying out a custodial sentence or detention order, of a person for an offence committed before surrender under a European arrest warrant other than the offence for which that person was surrendered, and to consent to that person’s surrender to a Member State other than the executing Member State under a European arrest warrant issued for an offence committed before surrender — provided that the final decision is adopted within the time-limits laid down in Article 17 of the Framework Decision.