# C_2023063EN.01004801.xml

| 20.2.2023 | EN | Official Journal of the European Union | C 63/48 |
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20.2.2023

EN

Official Journal of the European Union

C 63/48

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Order of the General Court of 7 December 2022 — WhatsApp Ireland v European Data Protection Board

(Case T-709/21) (1)

(Action for annulment - Protection of personal data - Draft decision of the lead supervisory authority - Resolution of disputes between supervisory authorities by the European Data Protection Board - Binding decision - Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 - Act not open to challenge - Preparatory act - Lack of individual concern)

(2023/C 63/62)

Language of the case: English

Parties

Applicant: WhatsApp Ireland Ltd (Dublin, Ireland) (represented by: H.-G. Kamann, F. Louis, A. Vallery, lawyers, P. Nolan, B. Johnston, C. Monaghan, Solicitors, P. Sreenan, D. McGrath, Senior Counsel, C. Geoghegan and E. Egan McGrath, Barristers-at-Law)

Defendant: European Data Protection Board (represented by: I. Vereecken and G. Le Grand, acting as Agents, and by G. Ryelandt, E. de Lophem and P. Vernet, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Binding Decision 1/2021 of the European Data Protection Board of 28 July 2021 on the dispute between the supervisory authorities concerned arising from the draft decision regarding WhatsApp drawn up by the Data Protection Commission (Ireland).

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
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1.

The action is dismissed as inadmissible.

| 2. | There is no longer any need to adjudicate on the applications to intervene made by the Republic of Finland, the European Commission, the European Data Protection Supervisor and the Computer & Communication Industry Association, or on the requests for confidential treatment to which they have given rise. |
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2.

There is no longer any need to adjudicate on the applications to intervene made by the Republic of Finland, the European Commission, the European Data Protection Supervisor and the Computer & Communication Industry Association, or on the requests for confidential treatment to which they have given rise.

| 3. | WhatsApp Ireland Ltd shall bear its own costs and pay the costs incurred by the European Data Protection Board, with the exception of the latter’s costs relating to the applications to intervene. |
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3.

WhatsApp Ireland Ltd shall bear its own costs and pay the costs incurred by the European Data Protection Board, with the exception of the latter’s costs relating to the applications to intervene.

| 4. | The European Data Protection Board, the Republic of Finland, the Commission, the European Data Protection Supervisor and the Computer & Communication Industry Association shall each bear their own costs relating to the applications to intervene. |
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4.

The European Data Protection Board, the Republic of Finland, the Commission, the European Data Protection Supervisor and the Computer & Communication Industry Association shall each bear their own costs relating to the applications to intervene.

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(1)  OJ C 2, 3.1.2022.

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