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Case T-546/23: Action brought on 28 August 2023 — WS v EDPS
ECLI:EU:UNKNOWN:62023TN0546
62023TN0546
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Official Journal of the European Union
EN
Series C
C/2023/346
30.10.2023
(Case T-546/23)
(C/2023/346)
Language of the case: English
Parties
Applicant: WS (represented by: H. Tettenborn, lawyer)
Defendant: European Data Protection Supervisor
Form of order sought
The applicant claims that the Court should:
—annul the decision of the EDPS of 16 June 2023 to close the applicant’s complaint against EPSO concerning access to personal data, submitted to the EDPS on 16/11/2022 (Case 2022-1189), without further investigation or action;
—order the EDPS to pay an adequate compensation to the applicant in the discretion of the Court for the moral and immaterial damages suffered by the applicant as a result of the decision of the EDPS contested by request 1;
—order the EDPS to pay the procedural costs.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law, with several elements, alleging that the EDPS violated its obligation of complying with Article 52(2) and (3) and Article 57(1)(a) and (e) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018, (1) in particular by:
—allowing the EUIPO and the European Commission (EPSO) to be non-compliant with Articles 4(1)(a), (1)(e), (1)(f) and (2) and 17(1)(c), (d) and (3) of Regulation (EU) 2018/1725 by not exercising its monitoring powers. By doing so, the applicant’s position in the already taken legal actions against EUIPO (Case T-221/23) and in the future legal actions against the European Commission and EUIPO are weakened;
—its failure to investigate or act on a personal data breach as defined in Article 3(16) of Regulation (EU) 2018/1725;
—its failure to comply with its duties by allowing the European Commission (EPSO) and EUIPO to unlawfully process the applicant’s data.
(1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p 39).
ELI: http://data.europa.eu/eli/C/2023/346/oj
ISSN 1977-091X (electronic edition)
END OF DOCUMENT