# C_2023127EN.01004901.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/49 |
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11.4.2023

EN

Official Journal of the European Union

C 127/49

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Action brought on 14 February 2023 — Data Protection Commission v European Data Protection Board

(Case T-70/23)

(2023/C 127/60)

Language of the case: English

Parties

Applicant: Data Protection Commission (represented by: D. Young, A. Bateman and R. Minch, Solicitors, B. Kennelly, SC, D. Fennelly and E. Synnott, Barristers)

Defendant: European Data Protection Board

Form of order sought

The applicant claims that the Court should:

| — | annul the second line of paragraph 198 of the Decision; |
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annul the second line of paragraph 198 of the Decision;

| — | annul the second line of paragraph 487 of the Decision; and |
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annul the second line of paragraph 487 of the Decision; and

| — | order that the European Data Protection Board pays the Data Protection Commission’s costs of and occasioned by this application. |
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order that the European Data Protection Board pays the Data Protection Commission’s costs of and occasioned by this application.

Pleas in law and main arguments

In support of the action to annul the second lines of paragraphs 198 and 487 of Binding Decision 3/2022 on the dispute submitted by the Irish SA on Meta Platforms Ireland Limited and its Facebook service (Art. 65 GDPR), the applicant relies on two pleas in law.

| 1. | First plea in law, alleging that the European Data Protection Board exceeded its competence under Article 65(1)(a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council (1) (GDPR) in purporting to instruct the Data Protection Commission, at paragraphs 198 and 487 of the Decision, to: (i) carry out a new investigation, and (ii) issue a new draft decision in accordance with Article 60(3) GDPR. |
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1.

First plea in law, alleging that the European Data Protection Board exceeded its competence under Article 65(1)(a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council (1) (GDPR) in purporting to instruct the Data Protection Commission, at paragraphs 198 and 487 of the Decision, to: (i) carry out a new investigation, and (ii) issue a new draft decision in accordance with Article 60(3) GDPR.

| 2. | Second plea in law, alleging that the European Data Protection Board infringed Article 4(24) and Article 65(1)(a) GDPR by incorrectly interpreting those provisions as conferring a competence on the European Data Protection Board to instruct the Data Protection Commission to: (i) carry out a new investigation, and (ii) issue a new draft decision in accordance with Article 60(3) GDPR. |
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2.

Second plea in law, alleging that the European Data Protection Board infringed Article 4(24) and Article 65(1)(a) GDPR by incorrectly interpreting those provisions as conferring a competence on the European Data Protection Board to instruct the Data Protection Commission to: (i) carry out a new investigation, and (ii) issue a new draft decision in accordance with Article 60(3) GDPR.

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(1)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).

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