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Case T-578/22: Order of the General Court of 6 September 2023 — EDPS v Parliament and Council (Action for annulment — Law governing the institutions — Processing of personal data by Europol — Regulation (EU) 2016/794 — The institutional prerogatives of the EDPS — Locus standi — Action in part inadmissible and in part manifestly inadmissible)
ECLI:EU:UNKNOWN:62022TB0578
62022TB0578
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Official Journal of the European Union
Series C
C/2023/336
30.10.2023
(Case T-578/22)
(Action for annulment - Law governing the institutions - Processing of personal data by Europol - Regulation (EU) 2016/794 - The institutional prerogatives of the EDPS - Locus standi - Action in part inadmissible and in part manifestly inadmissible)
(C/2023/336)
Language of the case: English
Parties
Applicant: European Data Protection Supervisor (represented by: D. Nardi, T. Zerdick, A. Buchta and F. Coudert, Agents)
Defendants: European Parliament (represented by: P. López-Carceller, I. Liukkonen and R. van de Westelaken, Agents), Council of the European Union (represented by: J. Lotarski, K. Pleśniak and R. Meyer, Agents)
Re:
By his action under Article 263 TFEU, the European Data Protection Supervisor (EDPS) seeks the annulment of Articles 74a and 74b of 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/JHA (OJ 2016 L 135, p. 53), as amended by Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022, 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).
Operative part of the order
1.The action is dismissed as in part inadmissible and in part manifestly inadmissible.
2.There is no need to rule on the applications for leave to intervene submitted by the European Commission, the Kingdom of Belgium, the Federal Republic of Germany, the French Republic and the Kingdom of the Netherlands.
3.The European Data Protection Supervisor (EDPS) shall bear his own costs and pay the costs incurred by the Council of the European Union and the European Parliament, with the exception of those relating to the applications to intervene.
4.The EDPS, the Council, the Parliament and the Commission, the Kingdom of Belgium, the Federal Republic of Germany, the French Republic and the Kingdom of the Netherlands shall bear their own costs relating to the applications to intervene.
(1) OJ C 424, 7.11.2022.
ELI: http://data.europa.eu/eli/C/2023/336/oj
ISSN 1977-091X (electronic edition)