# CJEU, Judgment of 24 November 2011, C-468/10 and C-469/10, ASNEF

Landmark decision on the exhaustive character of the list of grounds for lawful processing and on the balancing of interests under the Data Protection Directive, transferable to Article 6(1)(f) GDPR.

> Quelle: https://www.thomashelbing.com/en/wissen/dsgvo-hub/rechtsprechung/1.4.9-eugh-asnef
> Sprache: en



## 1 Overview [#1-overview]

In the joined cases ASNEF and FECEMD, the Court held that Article 7 of Data Protection Directive 95/46/EC contains an exhaustive list of the grounds on which processing may lawfully be based. The Member States may neither introduce further principles relating to the lawfulness of processing nor amend the scope of the principles provided for in Article 7.

Reference: [CJEU, judgment of 24 November 2011, C-468/10 and C-469/10, ASNEF and FECEMD](https://curia.europa.eu/juris/liste.jsf?num=C-468/10\&language=de)

## 2 Significance for Article 6 GDPR [#2-significance-for-article-6-gdpr]

This case law is transferable to Article 6(1) GDPR. The Court bases the exhaustive character of the list of grounds for lawful processing on the harmonizing effect of the Directive; the same reasoning applies a fortiori under the GDPR. The CJEU has since repeatedly referred to ASNEF in order to emphasize the uniformity of the list of grounds for lawful processing under EU law.

## 3 Balancing of interests under Article 7(f) of the Data Protection Directive [#3-balancing-of-interests-under-article-7f-of-the-data-protection-directive]

As regards the balancing of interests, the Court further clarified that national law may not replace that balancing exercise with blanket categorizations. The balancing must be carried out on a case-by-case basis and must take account of all relevant circumstances. This has remained the benchmark for the interpretation of Article 6(1)(f) GDPR as well.


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## About the author

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