# C_2023271EN.01003401.xml

| 31.7.2023 | EN | Official Journal of the European Union | C 271/34 |
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31.7.2023

EN

Official Journal of the European Union

C 271/34

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Action brought on 13 June 2023 — Meta Platforms Ireland v EDPB

(Case T-325/23)

(2023/C 271/47)

Language of the case: English

Parties

Applicant: Meta Platforms Ireland Ltd (Dublin, Ireland) (represented by: H.-G. Kamann, F. Louis, M. Braun and A. Vallery, lawyers, P. Nolan, B. Johnston, C. Monaghan, L. Joyce and D. Breatnach, Solicitors, D. McGrath, SC, and E. Egan McGrath, Barrister)

Defendant: European Data Protection Board

Form of order sought

The applicant claims that the Court should:

| — | annul the EDPB’s ‘Binding Decision 1/2023 on the dispute submitted by the Irish SA on data transfers by Meta Platforms Ireland Limited for its Facebook service (Art. 65 GDPR)’ adopted on 13 April 2023, in total or, in the alternative, in its relevant parts; and |
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annul the EDPB’s ‘Binding Decision 1/2023 on the dispute submitted by the Irish SA on data transfers by Meta Platforms Ireland Limited for its Facebook service (Art. 65 GDPR)’ adopted on 13 April 2023, in total or, in the alternative, in its relevant parts; and

| — | order the Defendant to pay the costs of the proceedings. |
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order the Defendant to pay the costs of the proceedings.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging that Article 65(1)(a) GDPR violates the rule of law, Articles 41 and 47 of the Charter of Fundamental Rights of the European Union (Charter), and Article 6 of the European Convention of Human Rights (ECHR) and, as such, is unlawful and invalid. |
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1.

First plea in law, alleging that Article 65(1)(a) GDPR violates the rule of law, Articles 41 and 47 of the Charter of Fundamental Rights of the European Union (Charter), and Article 6 of the European Convention of Human Rights (ECHR) and, as such, is unlawful and invalid.

| 2. | Second plea in law, alleging that the EDPB exceeded its competence under Article 65 GDPR. |
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2.

Second plea in law, alleging that the EDPB exceeded its competence under Article 65 GDPR.

| 3. | Third plea in law, alleging that the EDPB infringed the right to good administration as enshrined in Article 41 Charter. |
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3.

Third plea in law, alleging that the EDPB infringed the right to good administration as enshrined in Article 41 Charter.

| 4. | Fourth plea in law, alleging that the EDPB failed to act as an impartial body in violation of Article 41 Charter. |
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4.

Fourth plea in law, alleging that the EDPB failed to act as an impartial body in violation of Article 41 Charter.

| 5. | Fifth plea in law, alleging that the EDPB’s instruction to the DPC to order Meta Ireland to bring processing operations into compliance with Chapter V of the GDPR (i) violates the principles impossibilium nulla obligatio est and ultra posse nemo obligatur; (ii) violates the principle of legal certainty; (iii) lacks a lawful legal basis; (iv) violates Articles 45(5) GDPR and 288(4) TFEU; and (v) violates the principle of proportionality. |
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5.

Fifth plea in law, alleging that the EDPB’s instruction to the DPC to order Meta Ireland to bring processing operations into compliance with Chapter V of the GDPR (i) violates the principles impossibilium nulla obligatio est and ultra posse nemo obligatur; (ii) violates the principle of legal certainty; (iii) lacks a lawful legal basis; (iv) violates Articles 45(5) GDPR and 288(4) TFEU; and (v) violates the principle of proportionality.

| 6. | Sixth plea in law, alleging that the EDPB violated Meta Ireland’s freedom to conduct a business under Article 16 Charter. |
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6.

Sixth plea in law, alleging that the EDPB violated Meta Ireland’s freedom to conduct a business under Article 16 Charter.

| 7. | Seventh plea in law, alleging that the EDPB violated Meta Ireland’s right to property under Article 17 Charter. |
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7.

Seventh plea in law, alleging that the EDPB violated Meta Ireland’s right to property under Article 17 Charter.

| 8. | Eights plea in law, alleging that the EDPB violated Meta Ireland’s freedom to provide services under Article 56 TFEU. |
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8.

Eights plea in law, alleging that the EDPB violated Meta Ireland’s freedom to provide services under Article 56 TFEU.

| 9. | Ninth plea in law, alleging that the EDPB violated Article 83 GDPR and various underlying principles governing the determination of fines under the GDPR. |
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9.

Ninth plea in law, alleging that the EDPB violated Article 83 GDPR and various underlying principles governing the determination of fines under the GDPR.

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