Are Article 21 and Article 67(2) TFEU to be interpreted as meaning that they preclude national legislation (in this case, Paragraph 2(3) of the Gesetz über die Verarbeitung von Fluggastdaten zur Umsetzung der Richtlinie (EU) 2016/681 of 6 June 2017 (Law on the Processing of Passenger Name Record (PNR) Data for the purpose of transposing Directive (EU) 2016/681 [BGBl (Federal Law Gazette) I, p. 1484], as amended by Article 2 of the Law of 6 June 2017, BGBl I, p. 1484), (‘the FlugDaG’), that provides, in application of the flexibility clause in Article 2(1) of Directive (EU) 2016/681 1 (‘the PNR Directive’), for air carriers to transfer comprehensive data on every single passenger of also intra-EU flights to the passenger information units (PIUs) established by the Member States where, except for the flight booking, the data are retained without justification and used for automated comparison against databases and profiles, after which they must be retained?

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Related links

• German Court Asks CJEU about Compatibility of PNR Legislation ^News
• See also the reference by the same court in Case C-215/20 ^{Procedure page}