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Case T-791/14: Action brought on 4 December 2014 — Bensarsa v European Commission and EDPS
ECLI:EU:UNKNOWN:62014TN0791
62014TN0791
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Official Journal of the European Union
C 34/43
(Case T-791/14)
(2015/C 034/51)
Language of the case: French
Parties
Applicant: Faouzi Bensarsa (Abu Dhabi, United Arab Emirates) (represented by: S.A. Pappas, lawyer)
Defendants: European Commission and European Data Protection Supervisor (EDPS)
Form of order sought
—Annul the decision of 25 February 2014 adopted by the Security Directorate;
—Annul the decision of 24 October 2014 impliedly adopted by the EDPS;
—Order the defendants to pay the 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 a failure to state reasons for the Commission’s decision of 25 February 2014.
2.Second plea in law, alleging a failure to state reasons for the decision of the EDPS, since it was implied and its reasons could not be deduced either from its context or the decision of 25 February 2014.
3.Third plea in law, alleging infringement of Regulation (EC) No 45/2001 (1).
The applicant argues that the lack of response from the EDPS constitutes a breach of the duty to inform the data subject, provided for in Articles 46(a) and 20(4) of Regulation (EC) No 45/2001.
(1) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1).