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Case T-319/24: Order of the General Court of 29 April 2025 – Meta Platforms Ireland v European Data Protection Board (Action for annulment – Protection of personal data – Opinion of the European Data Protection Board on valid consent in the context of consent or pay models implemented by large online platforms – Article 64(2) of Regulation (EU) 2016/679 – Act not open to challenge – Inadmissibility – Liability – Damage – Causal link – Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62024TB0319

62024TB0319

April 29, 2025
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Official Journal of the European Union

C series

C/2025/3912

21.7.2025

(Case T-319/24)

(Action for annulment - Protection of personal data - Opinion of the European Data Protection Board on valid consent in the context of ‘consent or pay’ models implemented by large online platforms - Article 64(2) of Regulation (EU) 2016/679 - Act not open to challenge - Inadmissibility - Liability - Damage - Causal link - Action manifestly lacking any foundation in law)

(C/2025/3912)

Language of the case: English

Parties

Applicant: Meta Platforms Ireland Ltd (Dublin, Ireland) (represented by: H.-G. Kamann, F. Louis, M. Braun, A. Vallery, lawyers, P. Nolan, B. Johnston, D. Breatnach, L. Joyce, Solicitors, D. McGrath, E. Egan McGrath, Senior Counsel, S. Horan and H. Godfrey, Barristers-at-Law)

Defendant: European Data Protection Board (represented by: I. Vereecken, M. Gufflet, C. Foglia and N. Peris Brines, acting as Agents, and by G. Ryelandt, E. de Lophem, P. Vernet and G. Haumont, lawyers)

Re:

By its action, the applicant seeks, first, under Article 263 TFEU, the annulment of Opinion 8/2024 of the European Data Protection Board of 17 April 2024 on valid consent in the context of ‘consent or pay’ models implemented by large online platforms and, secondly, under Article 268 TFEU, compensation for the damage which it claims to have suffered as a result of that opinion.

Operative part of the order

The action is dismissed as, in part, inadmissible and, in part, manifestly lacking any foundation in law.

There is no need to rule on the applications to intervene submitted by the Council of the European Union, the European Parliament and Chamber of Progress.

Meta Platforms Ireland Ltd shall bear its own costs and pay those incurred by the European Data Protection Board.

The Council, the Parliament and Chamber of Progress shall each bear their own costs relating to the applications to intervene.

(1)

OJ C, C/2024/4865, 12.8.2024.

ELI: http://data.europa.eu/eli/C/2025/3912/oj

ISSN 1977-091X (electronic edition)

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