A High Court action brought by convicted murderer Graham Dwyer against the Garda Commissioner and the State over the use of mobile phone records in his prosecution will be heard in February next year.

Dwyer was convicted in 2015 of the murder of Elaine O'Hara following a lengthy trial at the Central Criminal Court.

Evidence from mobile phones formed a major part of the case against him at the trial.

In the High Court proceedings, which he commenced in January 2015, Dwyer claims certain provisions of the Communications (Retention of Data) Act 2011 breach his rights to privacy under the Constitution, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.

The directive underlying the 2011 act was struck down by the European Court of Justice in 2015.

He claims that the ECJ ruling means that Irish legislation implementing the directive was illegal and that data collected on his phone was also therefore invalid.

Many requests for disclosure of mobile phone records were made under the relevant provisions of the 2011 act by gardaí investigating Ms O'Hara's murder and were granted by the relevant service providers.

Phone data was also admitted into evidence during the trial.

During the trial, Dwyer's lawyers argued the mobile phone data was inadmissible as evidence but those arguments were rejected by the trial judge.

The High Court proceedings are against the Garda Commissioner, the Director of Public Prosecutions, the ministers for justice and communications, Ireland, and the Attorney General.

The case was briefly mentioned before the High Court this morning, when lawyers for Dwyer and the State applied for a hearing date.

The hearing of the action, which is expected to take six to eight days, was fixed for 20 February next year.

In his action, Dwyer seeks damages if appropriate and, if necessary, a reference of issues to the European Court of Justice.

Dwyer's appeal against his conviction for Ms O'Hara's murder has yet to be heard.