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Case T-678/22: Action brought on 8 November 2022 — van der Linde v EDPS
ECLI:EU:UNKNOWN:62022TN0678
62022TN0678
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23.1.2023
EN
Official Journal of the European Union
C 24/47
(Case T-678/22)
(2023/C 24/62)
Language of the case: English
Parties
Applicant: Frank van der Linde (Netherlands) (represented by: C. Forget, lawyer)
Defendant: European Data Protection Supervisor
Form of order sought
The applicant claims that the Court should:
—confirm the contested decision (1) insofar as the EDPS orders Europol to give the applicant access to all data concerning him in accordance with Article 36(2) of Regulation 2022/991 (2);
—for the rest, annul the decision of the EDPS insofar as it does not offer the applicant sufficient guarantees since it does not provide for any time limit within which it must be executed, no penalty payment, and does not provide for any sufficient sanction with regard to Europol, thereby de facto depriving the applicant of the right of access and of the right to effective judicial protection within the meaning of Articles 8 and 47 of the Charter;
—in the alternative, award the applicant a provisional euro for non-material damage;
—in any event, order EDPS to pay the costs in the amount detailed by the applicant.
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law alleging a breach of Articles 8 and 47 of the EU Charter of Fundamental Rights.
(1) Decision of the European Data Protection Supervisor in complaint case 2020 — 0908 against the European Union Agency for Law Enforcement Cooperation (Europol) of 8 September 2022.
(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).