Op-Ed: “Carving a Third Way? The Opinion of AG Szpunar in La Quadrature du Net (C-470/21)” by Oreste Pollicino and Pietro Dunn

Introduction

On 28 September 2023, Advocate General Szpunar rendered his Opinion concerning the case of La Quadrature du Net (C-470/21), which is likely destined to become a new and essential tile for the interpretation of the e-Privacy Directive 2002/58. The Opinion of September 2023 represents, in fact, the second one delivered by AG Szpunar, following the request of the Grand Chamber to refer the case to the Full Court in March 2023. Within his second opinion, AG Szpunar confirmed his previous conclusions, taking the opportunity to clarify and further develop his positions.

Background of the case

The applicants in the main proceedings brought action, before the French Council of State, to seek the annulment of the