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Case C-414/24, Datenschutzbehörde: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 13 June 2024 – Datenschutzbehörde and Dr. G S
ECLI:EU:UNKNOWN:62024CN0414
62024CN0414
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Official Journal of the European Union
C series
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C/2024/5308
9.9.2024
(Case C-414/24, Datenschutzbehörde)
(C/2024/5308)
Language of the case: German
Referring court
Parties to the main proceedings
Appellants on a point of law: Datenschutzbehörde, Dr. G S
Other party: Federal Minister of Justice
Intervener: D GmbH
Questions referred
Are Articles 77 and 79 of Regulation (EU) 2016/679 (1) 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 – ‘the GDPR’) to be interpreted, in the light of the findings of the Court in the judgments of 12 January 2023, Nemzeti Adatvédelmi és Információszabadság Hatóság, C-132/21, (2) and of 7 December 2023, SCHUFA Holding (Discharge from remaining debts), C-26/22 and C-64/22, (3) as meaning
1.that the possibility provided by national law for the rejection of a complaint lodged with a supervisory authority under Article 77 of the GDPR on the ground that a judicial remedy has already been sought in the same case under Article 79 of the GDPR and that the action is pending before a court constitutes a permissible arrangement for regulating the relationship between those remedies within the meaning of the above-mentioned case-law of the Court and, if the answer to the first question is in the negative,
2.that the possibility provided by national law for the rejection of a complaint lodged with a supervisory authority under Article 77 of the GDPR on the ground that a substantive judgment (even if not yet final) has already been made in the pending proceedings in the same case on the judicial remedy under Article 79 of the GDPR constitutes a permissible arrangement for regulating the relationship between those remedies within the meaning of the above-mentioned case-law of the Court?
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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) (OJ 2016 L 119, p. 1).
EU:C:2023:2.
EU:C:2023:958.
ELI: http://data.europa.eu/eli/C/2024/5308/oj
ISSN 1977-091X (electronic edition)
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