Referral C-801/26 (Jurcki, 17 Jul 2026)

1. Must Article 5(1)(a), (c), and (e), Article 6(1)(c) and (e), Article 6(2) and (3), and Article 23(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1), be interpreted as precluding an interpretation of national law according to which a public authority may store and use personal data identifying a vehicle's journey on a toll motorway, including the vehicle registration number, the date, time and place of the journey, and data enabling the presence or validity period of a motorway ticket to be verified, after the expiry of a specific national retention period for such data, where the sole justification for continued processing is the general limitation period for the obligation to pay an additional charge?

2. Must Article 5(1)(a), (c), and (e), as well as Article 6(1)(c) and (e) and 6(3) of Regulation 2016/679, be interpreted as meaning that, for the purpose of assessing the lawfulness of the continued storage and use of personal data by a public authority, the decisive factor is the original technical source of the data, such as an automated number plate recognition system, the Centralna Ewidencja Pojazdów i Kierowców (Central Register of Vehicles and Drivers) or another IT system, or is the decisive factor that, after being retrieved, those data were integrated into the electronic toll collection system and are subsequently stored and used in that system for the purpose of verifying the obligation to pay the toll and enforcing the additional charge?

3. If the answer is that the continued storage or use of such data after the expiry of a specific national retention period is incompatible with Regulation 2016/679, must Article 5(1)(a) and (e), Article 6(1)(c) and (e) and Article 6(3) of that regulation, together with Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the national court is required to refuse to accept such data as a sufficient basis for upholding a decision imposing or confirming the obligation to pay an administrative additional charge?