Official Journal of the European Union

C series

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C/2024/4727

(Case T-546/23)

(Action for annulment and for damages - Law governing the institutions - Protection of personal data - Regulation (EU) 2018/1725 - Rejection of the complaint to the EDPS concerning the processing of the applicant’s personal data - Revision of the contested decision - Partial disappearance of the subject matter of the dispute - No need to adjudicate in part - Action in part manifestly lacking any foundation in law)

(C/2024/4727)

Language of the case: English

Parties

Applicant: WS (represented by: H. Tettenborn, lawyer)

Defendant: European Data Protection Supervisor (represented by: D. Nardi, T. Zerdick and X. Kapsosideri, acting as Agents)

Re:

By his action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of point (iii) of the decision of the European Data Protection Supervisor (EDPS) of 16 June 2023 not to act on the applicant’s complaint of 16 November 2022 concerning the request for access to his personal data which he had submitted to the European Personnel Selection Office (EPSO) on 18 June 2022 (‘the contested decision’) and, secondly, on the basis of Article 268 TFEU, compensation for the damage which he claims to have suffered as a result of the EDPS’ conduct towards him.

Operative part of the order

1.There is no longer any need to adjudicate on the claim for annulment.

2.The claim for compensation is dismissed as manifestly lacking any foundation in law.

3.WS shall bear half of his own costs and pay half of the costs incurred by the European Data Protection Supervisor (EDPS).

4.The EDPS shall bear half of its own costs and pay half of the costs incurred by WS.

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Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/4727/oj

ISSN 1977-091X (electronic edition)

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(1) OJ C C/2023/346, 30.10.2023.

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