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Case T-557/20: Judgment of the General Court of 26 April 2023 — SRB v EDPS (Protection of personal data — Procedure for granting compensation to shareholders and creditors following the resolution of a bank — Decision of the EDPS in which it found that the SRB failed to fulfil its obligations concerning the processing of personal data — Article 15(1)(d) of Regulation (EU) 2018/1725 — Concept of personal data — Article 3(1) of Regulation 2018/1725 — Right of access to the file)

ECLI:EU:UNKNOWN:62020TA0557

62020TA0557

April 26, 2023
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19.6.2023

Official Journal of the European Union

C 216/38

(Case T-557/20) (<span class="oj-super oj-note-tag">1</span>)

(Protection of personal data - Procedure for granting compensation to shareholders and creditors following the resolution of a bank - Decision of the EDPS in which it found that the SRB failed to fulfil its obligations concerning the processing of personal data - Article 15(1)(d) of Regulation (EU) 2018/1725 - Concept of personal data - Article 3(1) of Regulation 2018/1725 - Right of access to the file)

(2023/C 216/49)

Language of the case: English

Parties

Applicant: Single Resolution Board (represented by: H. Ehlers, M. Fernández Rupérez, A. Lapresta Bienz, acting as Agents, and by H.-G. Kamann, M. Braun, F. Louis, and L. Hesse, lawyers)

Defendant: European Data Protection Supervisor (EDPS) (represented by: P. Candellier, X. Lareo and T. Zerdick, acting as Agents)

Re:

By its action based on Article 263 TFEU, the Single Resolution Board (SRB) seeks, first, annulment of the revised decision of the European Data Protection Supervisor (EDPS) of 24 November 2020 adopted following the SRB’s request for review of the decision of the EDPS of 24 June 2020 concerning five complaints submitted by several complainants (Cases 2019-947, 2019-998, 2019-999, 2019-1000 and 2019-1122) and, second, a declaration that the decision of the EDPS of 24 June 2020 is illegal.

Operative part of the judgment

The Court:

1.Annuls the revised decision of the European Data Protection Supervisor (EDPS) of 24 November 2020 adopted following the request from the Single Resolution Board (SRB) for review of the decision of the EDPS of 24 June 2020 concerning five complaints submitted by several complainants (Cases 2019-947, 2019-998, 2019-999, 2019-1000 and 2019-1122);

2.Dismisses the action as to the remainder;

3.Orders the EDPS to pay the costs.

(<span class="oj-super">1</span>) OJ C 390, 16.11.2020.

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