EN
C 71/6
Official Journal of the European Union
27.2.2023
4.
Article 5(1) of Directive 2014/104, read in conjunction with Article 6(5)(a) thereof must be interpreted as meaning that those provisions do not preclude a national court, pursuant to a procedural instrument of national law, from ruling on the disclosure of evidence and ordering that evidence to be placed under sequestration, while postponing the examination of whether that evidence contains ‘information that was prepared by a natural or legal person specifically for the proceedings of a competition authority’, within the meaning of the latter provision, to a time when that court has access to that evidence.
The use of such an instrument must, however, comply with the requirements arising from the principle of proportionality, as set out in Article 5(3) and Article 6(4) of Directive 2014/104. 5.
Article 6(5)(a) of Directive 2014/104 must be interpreted as meaning that where a national court, pursuant to a procedural instrument of national law, postpones the examination of whether the evidence whose disclosure has been requested contains ‘information that was prepared by a natural or legal person specifically for the proceedings of a competition authority’, that court must ensure that the claimant or other parties to the proceedings and their representatives do not have access to that evidence before it has completed that review, where the evidence falls within the white list or, where that evidence falls within the grey list, before the competent competition authority has closed its proceedings.
(1)
OJ C 148, 26.4.2021.
Judgment of the Court (First Chamber) of 12 January 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — BE v Nemzeti Adatvédelmi és Információszabadság Hatóság (Case C-132/21) (1) (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Articles 77 to 79 — Remedies — Parallel exercise — Relationship — Procedural autonomy — Effectiveness of the protection rules established by that regulation — Consistent and homogeneous application of those rules throughout the European Union — Article 47 of the Charter of Fundamental Rights of the European Union) (2023/C 71/06) Language of the case: Hungarian Referring court Fővárosi Törvényszék
Parties to the main proceedings Applicant: BE Defendant: Nemzeti Adatvédelmi és Információszabadság Hatóság Interested party: Budapesti Elektromos Művek Zrt
Operative part of the judgment Article 77(1), Article 78(1) and Article 79(1) of 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), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,