Judgment
Full text
Paragraphs 1, 2, 3 and 4 shall apply without prejudice to the possibility for competent authorities to be informed of billing or traffic data in conformity with applicable legislation in view of settling disputes, in particular interconnection or billing disputes.’ 4 Article 9 of Directive 97/66 was worded as follows: ‘Member States shall ensure that there are transparent procedures governing the way in which a provider of a public telecommunications network and/or a publicly available telecommunications service may override the elimination of the presentation of calling line identification: (a) on a temporary basis, upon application of a subscriber requesting the tracing of malicious or nuisance calls; in this case, in accordance with national law, the data containing the identification of the calling subscriber will be stored and be made available by the provider of a public telecommunications network and/or publicly available telecommunications service; (b) on a per-line basis for organisations dealing with emergency calls and recognised as such by a Member State, including law enforcement agencies, ambulance services and fire brigades, for the purpose of answering such calls.’ 5 The annex to Directive 97/66 stated: ‘For the purpose referred to in Article 6(2) the following data may be processed: Data containing the: – number or identification of the subscriber station, – address of the subscriber and the type of station, – total number of units to be charged for the accounting period, – called subscriber number, – type, starting time and duration of the calls made and/or the data volume transmitted, – date of the call/service, – other information concerning payments such as advance payment, payments by instalments, disconnection and reminders.’