It seems the ECJ has plenty of room to invalidate the invalidation [1], but I find this case fascinating in that the courts may be put into an impossible situation of reconciling civilian privacy law against foreign intelligence activities that will likely never formally be acknowledge.<p>My take away was that the main point against safe harbor is that EU citizens have no legal standing or other access to recourse against US companies accused of breaches, so it does not provide an equivalent level of protection as the charter is supposed to provide.