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The case is the latest to question whether methods used by
technology firms such as Google and Apple to transfer data
outside the 28-nation European Union give EU consumers
sufficient protection from U.S. surveillance.
The Irish High Court this month ordered the case to be referred
to the EU's top court to assess whether the methods used for
data transfers - including standard contractual clauses and the
Privacy Shield agreement - were legal.
It said the case raised well-founded concerns that there was an
absence of an effective remedy in U.S. law compatible with EU
legal requirements.
A ruling by the European Court of Justice (ECJ) against the
legal arrangements could cause major headaches for thousands of
companies, which make millions of these transfers every day.
Facebook on Monday sought a delay to ask the Irish Supreme Court
for the right to appeal the referral, but High Court Judge
Caroline Costello on Wednesday refused the request and ordered
the referral to be made immediately.
"I am of the opinion that the court will cause the least
injustice if it refuses any stay and delivers the reference
immediately to the Court of Justice," Costello told the court.
Facebook said it will still seek permission from the Irish
Supreme Court to appeal the referral, but the move will not
delay the ECJ's hearing of the case.
The case, taken by Austrian privacy activist Max Schrems, was
heard in Ireland because it is the location of Facebook's
headquarters for most of its markets outside the United States.
(Reporting by Conor Humprhies; Editing by Louise Heavens and
David Goodman)
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