Official Journal of the European Union

EN

C series

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C/2025/2230

22.4.2025

(Case T-144/25)

(C/2025/2230)

Language of the case: English

Parties

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

Defendant: European Data Protection Supervisor

Form of order sought

The applicant claims that the Court should:

—annul the decision of the EDPS to close the applicant’s complaint against EUIPO, concerning the exercise of several rights under the EUDPR, submitted to the EDPS on 25/11/2024, without further investigation or action;

—order EDPS to pay an adequate compensation to the applicant in the discretion of the Court, in the applicant’s view not less than EUR 1,500, for the moral and immaterial damages suffered by the applicant as a result of the decision of the EDPS;

—order EDPS to pay the procedural costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging that the defendant breached the applicant’s right to have the EDPS fulfil the duties under Article 52(2), (3) and Article 57 (1a), (1c) and (1e) of the EUDPR in favour of the applicant, in particular by not investigating the subject matter of the applicant’s complaint and/or acting against the non-compliance of EUIPO with (at least) Articles 14, 17, 20, 23 of the EUDPR.

2.Second plea in law, alleging that the applicant has suffered damage consisting of (a) being placed in a state of continual insecurity about how his personal data is being managed by EUIPO as a direct consequence of the failure of the EDPS to assist the applicant in the exercise of his rights under the EUDPR and of (b) the applicant’s position in any legal (past and future) action against EUIPO being weakened due to the lack of an investigation from the EDPS and the lack of any kind of information that would allow the applicant to verify the lawfulness of the data processing activities carried out by EUIPO.

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ELI: http://data.europa.eu/eli/C/2025/2230/oj

ISSN 1977-091X (electronic edition)

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