Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2024/972 | 29.1.2024 |

Action brought on 4 December 2023 — WS v EUIPO

(Case T-1138/23)

(C/2024/972)

Language of the case: English

Parties

Applicant: WS (represented by: H. Tettenborn, lawyer)

Defendant: European Union Intellectual Property Office

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of EUIPO to reject the applicant’s requests submitted by his letter of 25/07/2023, namely for compensation of material and immaterial damages; |

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| — | Order EUIPO to pay an amount to the applicant in the discretion of the Court — in the applicant’s view at least EUR 500 000.00 — as an adequate compensation for the moral, material and immaterial damages suffered by the applicant as a result of the various breaches of the applicant’s rights under the EUDPR [(1)](#ntr1-C_202400972EN.000101-E0001) brought forward with this action, and as a result of the decision of EUIPO to reject the applicant’s requests submitted by his letter of 25/07/2023; |

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| — | Order EUIPO to pay the procedural costs. |

Pleas in law and main arguments

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

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| 1. | First plea in law, alleging EUIPO’s breach of its obligation of complying with Articles 26(1) and 14(5) EUDPR — failure of EUIPO to implement all measures to ensure and be able to demonstrate compliance. |

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| 2. | Second plea in law, alleging a breach by EUIPO of its obligation of complying with Article 14(2), (4) and (5) EUDPR — failure of EUIPO to facilitate the exercise of data subject rights under Articles 17 to 24 of the EUDPR. |

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| 3. | Third plea in law, alleging a breach by EUIPO of its obligation of complying with Article 17(1), (3) and Article 4(2) EUDPR — failure of EUIPO to provide any kind of logs. |

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| 4. | Fourth plea in law, alleging a breach by EUIPO of its obligation of complying with Article 4(1) and (2) EUDPR. |

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| 5. | Fifth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 20 and 23 EUDPR — failure of EUIPO to enforce the applicant’s right to restriction of processing and to object. |

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| 6. | Sixth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 65, 4(1f), (1d) and (2) EUDPR — failure of EUIPO to comply with the applicant’s right of compensation. |

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| 7. | Seventh plea in law, alleging a breach by EUIPO of its obligation of complying with Article 33 EUDPR — failure of EUIPO to enforce the security of its processing activities. |

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| 8. | Eighth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 34(1) and 35(1) EUDPR — failure of EUIPO to notify the data subject and the EDPS about the personal data breaches reported by the applicant. |

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| 9. | Ninth plea in law, alleging a breach by EUIPO of its obligation of complying with Article 39(1) EUDPR — failure of EUIPO to carry out a proper data protection impact assessment. |

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ELI: http://data.europa.eu/eli/C/2024/972/oj

ISSN 1977-091X (electronic edition)

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