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Publishers Abstract:
The decision of the European Court of Justice in these Joined Cases C-317/04 and C-318/04, European Parliament v. Council and Commission concerning Passenger Name Records could be described as a Pyrrhic victory for the European Parliament. In its short judgment of 30 May 2006, the Court found that a Council decision and a Commission decision, which facilitated arrangements for the transfer of Passenger Name Records from the EC to US authorities, should both be annulled. Parliament then filed an action for annulment of those decisions. In Case C-317/04 (on the Agreement), Parliament advanced six pleas challenging the Council decision. In Case C-318/04 (on the Adequacy Decision), Parliament brought forward four pleas. Although Parliament advanced four pleas in Case 318/04, the Court annulled the Adequacy Decision on the sole ground that its subject matter was outside the material scope of the Data Protection Directive.
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