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French Data Network and ors v France, Council of State decision (first and last instance), No 393099, ILDC 3355 (FR 2021), 21st April 2021, France; Council of State

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Whether the Council of State could decide that a Regulation of the European Union (‘EU’) or a judgment of the European Court of Justice (‘ECJ’) had exceeded the EU’s competence.

Whether the Council of State could maintain a law that was incompatible with an EU regulation, as interpreted by the ECJ, if doing so contravened constitutional principles.

Whether the various decrees implementing the framework for data collection, retention, and access were in breach of EU law, as interpreted by the ECJ.

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