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Joined Cases T-70/23, T-84/23 and T-111/23: Judgment of the General Court of 29 January 2025 – Data Protection Commission v European Data Protection Board (Protection of personal data – Article 65(1)(a) of Regulation (EU) 2016/679 – Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision – Competence of the European Data Protection Board)
ECLI:EU:UNKNOWN:62023TA0070
62023TA0070
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Official Journal of the European Union
C series
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C/2025/1640
24.3.2025
(Joined Cases T-70/23, T-84/23 and T-111/23)
(Protection of personal data - Article 65(1)(a) of Regulation (EU) 2016/679 - Binding decision instructing a lead supervisory authority to broaden the scope of its investigation and issue a new draft decision - Competence of the European Data Protection Board)
(C/2025/1640)
Language of the case: English
Parties
Applicant: Data Protection Commission (Dublin, Ireland) (represented by: D. Young, A. Bateman, R. Minch, M. Delargy, K. Donnelly, Solicitors, B. Kennelly, Senior Counsel, D. Fennelly, E. Synnott and R. Costello, Barristers-at-Law)
Defendant: European Data Protection Board (represented by: I. Vereecken, C. Foglia and M. Gufflet, acting as Agents, and by G. Ryelandt, E. de Lophem and P. Vernet, lawyers)
Re:
By its actions under Article 263 TFEU, the applicant, which is the Irish supervisory authority for personal data protection, seeks annulment in part of Binding Decisions 3/2022, 4/2022 and 5/2022 of 5 December 2022 of the European Data Protection Board on the disputes between the supervisory authorities concerned arising from the Data Protection Commission’s draft decisions regarding, respectively, the social network Facebook, the social network Instagram and the messaging service WhatsApp, in so far as those binding decisions require it to carry out new investigations into the processing of data carried out in connection with the use of those applications and to issue new draft decisions on the basis of the results thereof.
Operative part of the judgment
The Court:
1.Dismisses the actions in Cases T 70/23, T 84/23 and T 111/23;
2.Orders the Data Protection Commission to pay the costs.
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OJ C 127, 11.4.2023.
ELI: http://data.europa.eu/eli/C/2025/1640/oj
ISSN 1977-091X (electronic edition)
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