The European Court of Justice has ruled that the transfers of EU air passenger data to the US customs, approved by the Commission and the Council, was illegal. 

The European Court of Justice (ECJ) ruled, on 30 May 2006, that "neither the Commission decision finding that the data are adequately protected by the United States nor the Council decision approving the conclusion of an agreement on their transfer to that country are founded on an appropriate legal basis". 

The ECJ judgment thus annuls both the Commission and Council decisions. The agreement as such was not annulled.