High Court, Schrems v Data Protection Commissioner (No.2) [2014] IEHC 351

The High Court ordered that Digital Rights Ireland (DRI) be added as amicus curiae in the proceedings, which will now proceed to the CJEU.  DRI had stated that it would not adopt a position of partisanship. Hogan J. distinguished this case from the case of EMI v UPC 2013 IEHC 204, where DRI was not added as amicus curiae. The court also noted DRI’s successful case before the CJEU – Case 293-12, Digital Rights Ireland v Minister for Communications ECLI:EU:C:2014:238. The court did not permit DRI as amicus to alter the nature of the questions which it had already proposed should be transmitted to the CJEU.