27.2.2023

Official Journal of the European Union

C 71/6

(Case C-132/21) (*)

(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Articles 77 to 79 - Remedies - Parallel exercise - Relationship - Procedural autonomy - Effectiveness of the protection rules established by that regulation - Consistent and homogeneous application of those rules throughout the European Union - Article 47 of the Charter of Fundamental Rights of the European Union)

(2023/C 71/06)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: BE

Defendant: Nemzeti Adatvédelmi és Információszabadság Hatóság

Interested party: Budapesti Elektromos Művek Zrt

Operative part of the judgment

Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,

must be interpreted as permitting the remedies provided for in Article 77(1) and Article 78(1) of that regulation, on the one hand, and Article 79(1) thereof, on the other, to be exercised concurrently with and independently of each other. It is for the Member States, in accordance with the principle of procedural autonomy, to lay down detailed rules as regards the relationship between those remedies in order to ensure the effective protection of the rights guaranteed by that regulation and the consistent and homogeneous application of its provisions, as well as the right to an effective remedy before a court or tribunal as referred to in Article 47 of the Charter of Fundamental Rights.

(*) Language of the case: Hungarian.