Referral C-371/24 (Comdribus, 24 May 2024)

Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8(1) and (2) of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the French Code of Criminal Procedure, which provides for the systematic gathering of identification data (fingerprints and photographs) from persons who are suspected on one or more grounds of having committed or attempted to commit an offence?

Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8(1) and (2) of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the French Code of Criminal Procedure, which does not impose on the competent authority an obligation to provide, in each individual case, a sufficient statement of reasons as to why it is strictly necessary to gather identification data?

Is Article 10 of Directive 2016/680, read in conjunction with Article 4(1)(a) to (c) and Article 8(1) and (2) of that directive, to be interpreted as precluding national legislation, such as Article 55-1 of the French Code of Criminal Procedure, which allows the prosecution and conviction on a standalone basis of a person who has refused to consent to the gathering of identification data even though that person is not prosecuted for or convicted of the offence which formed the basis of the measure for gathering identification data?