Case T-704/25: Action brought on 9 October 2025 – van der Linde v Europol
Date: 2025-10-09
Institutions: General Court
Subjects: access to EU information, damages, data protection, indemnification, interest, personal data, protection of privacy








C_202506396EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6396


8.12.2025






Action brought on 9 October 2025 – van der Linde v Europol


(Case T-704/25)

(C/2025/6396)
Language of the case: English

Parties


Applicant: Frank van der Linde (Netherlands) (represented by: T. van der Sommen and E. Jurjens, lawyers)

Defendant: European Union Agency for Law Enforcement Cooperation

Form of order sought

The applicant claims that the Court should:






—


determine that Europol is liable under Articles 268 and 340 TFEU and Articles 49(3) and 50(1) of Regulation (EU) 2016/794 of the European Parliament and of the Council (1) for the damage it caused to Van der Linde by breaching its obligations under Regulation 2016/794 and the Charter of Fundamental Rights of the European Union (‘the Charter’) conferring rights on Van der Linde as enshrined in Articles 7, 8, 41 and 47 of the Charter and Articles 36 and 37 of Regulation 2016/794;










—


order Europol to compensate the damage suffered by Van der Linde as a direct consequence of the unlawful conduct of Europol in whole, being 50 000 euros in non-material damage and 26 250 euros in material damage, as of 9 October 2025, to be increased with the interest due on the date of payment, as set out in the application, or in part as to be determined by the Court;










—


determine that Europol is liable for all as yet unknown damage caused to Van der Linde as a result of the unlawful conduct of Europol;










—


order Europol to pay the costs incurred by Van der Linde for the current proceedings to be paid with interest;










—


all to be paid within two weeks after rendering the judgment and increased by interests for each day the payment is delayed.





Pleas in law and main arguments

By its action for damages under Articles 268 and 340 TFEU and Articles 49(3) and 50(1) of Regulation 2016/794, the applicant seeks compensation with regard to the processing of his personal data, which he claims has been conducted unlawfully by Europol and the authorities of the Kingdom of the Netherlands.
In support of the action, the applicant relies on six pleas in law.






1.


First plea in law, alleging that Europol failed to assess whether the processing of the applicant’s (sensitive) personal data was in accordance with Europol’s mandate as required under Articles 18(1), 18(2) and 30(2) of Regulation 2016/794.










2.


Second plea in law, alleging Europol processed the applicant’s (sensitive) personal data in contravention of Articles 28(1), 30(2), 30(3), 38(3) and 38(4) of Regulation 2016/794 and Articles 7 and 8 of the Charter.










3.


Third plea in law, alleging that Europol rejected the applicant’s request of access to his personal data in contravention of Articles 36(1), 36(2), 36(4), 36(5), 36(6), 36(7) and 40(1) of Regulation 2016/794 and Article 41 of the Charter.










4.


Fourth plea in law, alleging that Europol prevented the applicant to exercise his rights to rectification and erasure of personal data concerning him held by Europol in a timely manner in contravention of Article 37 of Regulation 2016/794 and Article 8(2) of the Charter.










5.


Fifth plea in law, alleging that Europol stored the applicant’s (sensitive) personal data longer than was necessary and proportionate and subsequently deleted his data pending his data access request thereby damaging his interests in contravention of Articles 31(1) and 31(6) of Regulation 2016/794.










6.


Sixth plea in law, alleging that Europol frustrated the practical effect of the applicant’s right of access to his personal data in contravention of Articles 41 and 47 of the Charter.






(1)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ 2016 L 135, p. 53).


ELI: http://data.europa.eu/eli/C/2025/6396/oj
ISSN 1977-091X (electronic edition)