do-me/EUR-LEX huggingface dataset:
Case T-266/22: Action brought on 7 May 2022 — Aziz v Commission
Date: 2022-05-07
Institutions: General Court
Subjects: access to EU information, civil proceedings, criminal proceedings, data protection, personal data








C_2022359EN.01007402.xml










19.9.2022   


EN


Official Journal of the European Union


C 359/74






Action brought on 7 May 2022 — Aziz v Commission
(Case T-266/22)
(2022/C 359/93)
Language of the case: English

Parties


Applicant: Ahmad Aziz (Pieta, Malta) (represented by: L. Cuschieri, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision number Ares(2022)3227480 of 26 April 2021 of the European Commission, not to rectify personal data of the applicant pursuant to Article 18 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1);










—


declare that there is a breach of Article 50 of the EU Charter for Fundamental Rights when authorities started two parallel criminal and civil proceedings against the applicant, on submitting his own personal data, with same alleged facts, when the applicant is already acquitted from Pakistani trial court with same alleged facts;










—


declare that there is a breach of Article 17 for non-provision of data when the European Commission processed the applicant’s personal data. The applicant claims that the General Court should annul the European Commission’s decision number Ares(2022)2457760 dated 1 April 2022 for non-provision of data in term of Article 17 of Regulation (EU) 2018/1725.





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 that the European Commission infringed Article 18 of Regulation (EU) 2018/1725 in failing to rectify the applicant’s personal data.










2.


Second plea in law, alleging that the European commission infringed Article 17(3) of Regulation (EU) 2018/1725 in not providing the applicant with his personal data.










3.


Third plea in law, alleging that the European Commission infringed the principle of presumption of openness and disclosure in failing to give the applicant access to his personal data, when parallel criminal and civil proceedings are ongoing against him. The applicant had the right to be provided with his personal data in ongoing parallel criminal and civil proceedings.






(1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).