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Case T-354/22: Judgment of the General Court of 8 January 2025 – Bindl v Commission (Processing of personal data – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Concept of transfer of personal data to a third country – Transfer of data when visiting a website – EU Login – Action for annulment – Act not open to challenge – Inadmissibility – Action for failure to act – Position taken ending the inaction – No need to adjudicate – Action for damages – Sufficiently serious breach of a rule of law conferring rights on individuals – Causal link – Non-material damage)
ECLI:EU:UNKNOWN:62022TA0354
62022TA0354
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Official Journal of the European Union
C series
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C/2025/1096
24.2.2025
(Case T-354/22)
(Processing of personal data - Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies - Regulation (EU) 2018/1725 - Concept of ‘transfer of personal data to a third country’ - Transfer of data when visiting a website - EU Login - Action for annulment - Act not open to challenge - Inadmissibility - Action for failure to act - Position taken ending the inaction - No need to adjudicate - Action for damages - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Non-material damage)
(C/2025/1096)
Language of the case: German
Parties
Applicant: Thomas Bindl (Munich, Germany) (represented by: T. Herbrich, lawyer)
Defendant: European Commission (represented by: A. Bouchagiar, B. Hofstötter and H. Kranenborg, acting as Agents)
Re:
By his action under Articles 263, 265 and 268 TFEU, the applicant asks the Court to (i) annul transfers of his personal data to third countries that do not have an adequate level of protection; (ii) declare that the European Commission unlawfully failed to define its position on his request for information of 1 April 2022; and (iii) order compensation for the non-material damage which he claims to have sustained as a result of, first, an infringement of his right of access to information and, secondly, transfers of his personal data.
Operative part of the judgment
The Court:
1.Dismisses the action as inadmissible with regard to the claim for annulment;
2.Declares that there is no longer any need to adjudicate on the claim for a declaration that the European Commission unlawfully failed to define its position on Mr Thomas Bindl’s information request of 1 April 2022;
3.Orders the Commission to pay Mr Bindl the sum of EUR 400 in compensation for the non-material damage sustained;
4.Dismisses the claim for damages as to the remainder;
5.Orders the Commission to bear its own costs and to pay one half of the costs incurred by Mr Bindl;
6.Orders Mr Bindl to bear one half of his own costs.
* Language of the case: German.
(1) OJ C 294, 1.8.2022.
ELI: http://data.europa.eu/eli/C/2025/1096/oj
ISSN 1977-091X (electronic edition)
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ECLI:EU:C:2025:140
15
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