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Case C-755/21 P: Judgment of the Court (Grand Chamber) of 5 March 2024 – Marián Kočner v European Union Agency for Law Enforcement Cooperation (Europol) (Appeal – Law enforcement cooperation – Regulation (EU) 2016/794 – Article 49(3) and Article 50 – Protection of personal data – Unlawful data processing – Criminal proceedings brought in Slovakia against the appellant – Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation – Retrieval of data from a mobile phone and a USB storage device belonging to the appellant – Disclosure of those data – Non-material damage – Actions for damages – Nature of non-contractual liability)
ECLI:EU:UNKNOWN:62021CA0755
62021CA0755
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Official Journal of the European Union
C series
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C/2024/2901
(Case C-755/21 P)
(Appeal - Law enforcement cooperation - Regulation (EU) 2016/794 - Article 49(3) and Article 50 - Protection of personal data - Unlawful data processing - Criminal proceedings brought in Slovakia against the appellant - Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation - Retrieval of data from a mobile phone and a USB storage device belonging to the appellant - Disclosure of those data - Non-material damage - Actions for damages - Nature of non-contractual liability)
(C/2024/2901)
Language of the case: Slovak
Parties
Appellant: Marián Kočner (represented by: M. Mandzák and M. Para, advokáti)
Other party to the proceedings: European Union Agency for Law Enforcement Cooperation (Europol) (represented by: A. Nunzi, acting as Agent, and by M. Kottmann and G. Ziegenhorn, Rechtsanwälte), Kingdom of Spain
Intervener in support of the other party: Slovak Republic (represented by: S. Ondrášiková and, subsequently, E.V. Drugda and S. Ondrášiková, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 29 September 2021, Kočner v Europol (T-528/20, EU:T:2021:631), in so far as it rejects the first head of claim as circumscribed in that judgment;
2.Dismisses the appeal as to the remainder;
3.Orders the European Union Agency for Law Enforcement Cooperation (Europol) to pay compensation in the amount of EUR 2 000 to Mr Marián Kočner;
4.Dismisses the action as to the remainder;
5.Orders Mr Marián Kočner and Europol each to pay their own costs relating to both the proceedings at first instance and the appeal proceedings;
6.Orders the Slovak Republic to bear its own costs.
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Language of the case: Slovak.
ELI: http://data.europa.eu/eli/C/2024/2901/oj
ISSN 1977-091X (electronic edition)
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