An adviser to the European Court of Justice has called for the annulment of an agreement that would allow US authorities to access information on airline passengers flying to the EU from the United States.
An annulment of an agreement, which would allow US authorities to access information on airline passengers flying to the EU from the United States, has been called for.
The advocate general of the Luxembourg-based European Court of Justice sided with the European parliament, which brought the case, and against the EU executive office and the member states.
"Neither the (European Union) council decision approving the agreement nor the commission decision holding that information be sufficiently protected by the United States have an adequate legal basis," a court statement said.
The European Parliament brought a suit against the other two branches of the European Union last year, alleging they lacked authority to conclude the data-sharing agreement.
Advocate General Philipe Leger agreed, advising the European Court of Justice to annul the decisions of the commission and the council.
The European Union's executive, the European Commission, decided in May last year that the United States Bureau of Customs and Border Protection would adequately protect private information, the court noted.
A few days later, the European Union's Council, comprising EU member states, approved the deal with the United States for the transfer of data.
But Mr Leger said the European Commission exceeded its authority because "public security and the activities of the state in relation to areas of criminal law" are not covered by the law.
The court follows the advice of its advocate general in about 80 per cent of the cases. The full judgment is expected next year.