The EU's €150 billion SAFE defence-loan instrument excludes contractors controlled by third countries — unless they have passed foreign-investment screening. In an Italian Ministry of Defence tender, a bidder relied on a firm holding a screening authorisation from another Member State. The first two references on SAFE ask whether the exclusion reaches companies a bidder merely relies on, and whether another Member State's clearance binds the buyer.
Latvia's air navigation provider, a state-owned company, requires its air traffic controllers to hold security clearance for classified information — which in practice excludes nationals of other Member States. A licensed EU controller challenged the exclusion. Latvia's Supreme Court asks whether the post falls within the public service exception, and whether airspace security in a 'complex geopolitical context' can justify it.
By judgment of 4 April 2017 (ECLI:EU:C:2017:255) the Court ruled, in the words of the operative part: “Article 6(1)(d) of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of…
By judgment of 19 October 2016 (ECLI:EU:C:2016:779) the Court held that a dynamic IP address registered by a website operator is personal data where the operator has legal means to have the visitor identified via the access provider.