Brussels, 08/06/2010 (Agence Europe) - On Thursday 3 June, the European Commission took Luxembourg to the European Court of Justice (ECJ) for failing to transpose EU legislation on data protection. Two years and eight months after the transposition deadline expired, Luxembourg has still not entirely transposed the directive on storing police investigation data. The Commission considers that this transposition failure is likely to have a negative effect on the internal market because telephone companies and internet service providers are subject to requirements that differ from one member state to another. It also impacts on the way police and legal authorities can use communication data for detecting criminal acts, investigating clues and pursuing perpetrators. The Commission is therefore calling on the ECJ to examine whether Luxembourg failed to meet its obligation of transposing the directive into its internal law. The Luxembourg government has submitted a draft law to its parliament but without any adoption timetable. According to the Commission, incomplete transposition compromises the work of police forces and undermines prevailing economic conditions in the internal market, to the detriment of competitors in other member states. Currently, six member states, including Luxembourg, have failed to transpose the directive. At the end of 2009 and in February 2010 respectively, the ECJ indicated that initially Ireland and Greece, followed by Sweden, had infringed EU law. Proceedings against Austria are pending at the European Court of Justice, whilst in Romania the Constitutional Court has declared that the law transposing the directive is anti-constitutional. A similar decision was made in Germany and a ruling in this connection is also expected in Hungary. (B.C./transl.fl)