Joined Cases C-92/09 And C-93/09, Volker Und Markus Schecke ...

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Common Market Law Review, Vol. 48, No. 6, 2011

13 Pages Posted: 13 Nov 2011

See all articles by Michal Bobek

Michal Bobek

Supreme Administrative Court

Date Written: November 12, 2011

Abstract

Thou shalt not seek to know the amount of thy neighbour’s subsidy! Skimming through the decision of the Grand Chamber of the Court of Justice in Schecke and taking into account that the Court declared the contested EU measures invalid, one is tempted to conclude that a new commandment has indeed been established. In a conflict between the transparency of public spending on the one hand and the right to privacy and protection of personal data of natural persons who receive money from Union’s agricultural funds on the other, the latter seems to prevail. The personal data of beneficiaries are not to be disclosed online.

This case note offers a different reading of Court’s decision in Schecke. It is suggested that the Court made no definite value choice as to whether the publication of personal data of funds beneficiaries is permissible or not. The Court only invalidated the particular publication scheme established by the two challenged regulations, because the scheme itself was uncertain about the precise aims it wished to fulfill and, consequently, could not strike a proper balance between the various interests involved.

Suggested Citation: Suggested Citation

Bobek, Michal, Joined Cases C-92/09 and C-93/09, Volker und Markus Schecke GbR and Hartmut Eifert, Judgement of the Court of Justice (Grand Chamber) of 9 November 2010 N.Y.R. (November 12, 2011). Common Market Law Review, Vol. 48, No. 6, 2011, Available at SSRN: https://ssrn.com/abstract=1958609

Michal Bobek (Contact Author)

Supreme Administrative Court ( email )

Moravské náměstí 6Brno, 65740Czech Republic

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