Re: @Doctor Syntax ..
The concern here is that this is salami tactics. TPTB found in the MS case that things weren't as easy as they thought. They've now gone for a somewhat muddier set of circumstances (rather like the iPhone case earlier). If they win on this they get a precedent which they'll then try to enlarge next time round.
There are treaties in place to go to the country where the data is held and make their case there; that route is being ignored and one has to ask why. Do they think they don't have a case that would stand up in a court that values privacy?
US business desperately wants the Privacy Figleaf and when that gets to court, as it will, I'm sure the ECJ will be looking at decisions like this and it will not be to US business' advantage when it does so.