Official Journal of the European Union

EN

C series

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C/2024/6448

(Case T-484/24)

(C/2024/6448)

Language of the case: English

Parties

Applicant: FF (represented by: J. Reisinger, lawyer)

Defendants: European Union Agency for Criminal Justice Cooperation, European Union Agency for Law Enforcement Cooperation

Form of order sought

The applicant claims that the Court should:

—declare inadmissible the ‘Joint Investigation Team’ agreement between France, Belgium, the Netherlands, and Europol and Eurojust, regarding the (acquiring and) processing of the SKY ECC data;

—determine and/or declare that the contested actions of Europol and/or Eurojust in the context of the SKY ECC operation violate EU law, and, furthermore, the Treaties, with the aim of awarding the applicant compensation under Articles 268, 277 and 340 TFEU, Article 50 of Regulation 2016/794 of the European Parliament and of the Council of 11 May 2016 (1) (and Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 (2)), and Article 47 of Regulation 2018/1727, (3) since non-material/non-pecuniary harm has occurred (to the applicant); the applicant currently estimates this damage at €30,000;

—order for the responding parties to pay the legal costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging illegality and disproportionality in the acquisition and processing of data/personal data.

—The applicant believes that the acquisition and processing of Sky ECC data constitutes an unjustified violation of the fundamental human rights of all Sky ECC users. This includes actions that were in breach of the Europol and Eurojust Regulations (specifically Regulations 2016/794 and 2018/1727, the latter viewed in conjunction with Regulation 2018/1725 (4)).

—Furthermore, there has been a breach of the fundamental provisions of EU law and international law, particularly Articles 7, 8, and 10-12 in conjunction with Articles 51 and 52 of the EU Charter of Fundamental Rights, as well as Article 8 of the European Convention on Human Rights (ECHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

—According to the applicant, the violation of law stems primarily from the lack of necessity and proportionality in conducting the interception/surveillance and ‘hacking’ of all Sky ECC users. There was no justification, either before or after the fact. As a result, the applicant, along with many others, has suffered damage.

2.Second plea in law, alleging lack of opportunity to assess the admissibility of evidence in criminal cases, or at least the lack of (formal and substantive) safeguards.

—The applicant argues that the Sky ECC data (including the data attributed to him) was not acquired and processed adequately/effectively.

—This violates the provisions mentioned under the first plea and further contravenes Article 28 of Regulation 2016/794, Articles 71 and 74 of Regulation 2018/1725, as well as Articles 47 and 48 of the Charter, Article 6 of the ECHR, and Articles 14 and 15 of the ICCPR.

3.Third plea in law, alleging lack of (proven) adequate security in the (acquisition and) processing of the Sky ECC data.

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(1) 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).

(2) 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).

(3) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ 2018 L 295, p. 138).

(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).

ELI: http://data.europa.eu/eli/C/2024/6448/oj

ISSN 1977-091X (electronic edition)

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