Official Journal of the European Union

C 424/45

(Case T-578/22)

(2022/C 424/58)

Language of the case: English

Parties

Applicant: European Data Protection Supervisor (represented by: D. Nardi, T. Zerdick, A. Buchta and F. Coudert, acting as Agents)

Defendants: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:

—annul Article 74a and Article 74b of Regulation 2016/794 (1) as amended by Regulation 2022/991 (2);

—condemn the defendants to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging violation of the independence and powers of the applicant as a supervisory authority because of the infringement of the principle of legal certainty and of the principle of non-retroactivity of legal acts. The applicant alleges infringement of Article 8(3) of the EU Charter of Fundamental Rights, Article 55 of Regulation (EU) 2018/1725 (3) read in conjunction with Article 43(1) and (3)(e) of Regulation (EU) 2016/794 as amended by Regulation (EU) 2022/991.

The applicant claims that his standing to bring an action for annulment under Article 263 TFEU is justified by the need to be able to dispose of a judicial remedy to defend his institutional prerogatives, in particular his independence as a supervisory authority under Article 8(3) of the Charter of Fundamental Rights, and the institutional balance between the role of supervisory authorities and the role of the legislator.

Alternatively, he claims being directly and individually concerned by the contested provisions, which he has a clear and actual interest to have annulled.

(1) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968 (OJ 2016 L 135, p. 53).

(2) Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role in research and innovation (OJ 2022 L 169, p. 1).

(3) 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).