INFORMATION TECHNOLOGY
CJEU dismisses action brought by Whatsapp to annul EDPB binding decision on €225M fine.
The Court of Justice of the European Union ('CJEU') announced, on 7 December 2022, that it had issued its judgment in Case T-709/21, WhatsApp Ireland v EDPB, following Whatsapp's appeal against the European Data Protection Board's ('EDPB') binding dispute resolution decision, adopted on 28 July 2021, which resulted in the Data Protection Commission ('DPC') issuing a fine of €225 million against Whatsapp.
In particular, the CJEU highlighted that the judgment in question represents the first ruling by the CJEU on an application for annulment of a binding decision of the EDPB, adopted on the basis of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR').
More specifically, the CJEU explained that it had dismissed the action brought by Whatsapp as inadmissible on the ground that it is not directed against an act that is open to challenge under Article 263 of the Treaty on the Functioning of the European Union ('TFEU') and that WhatsApp is not directly concerned by the contested decision, within the meaning of the criteria for locus standi laid down by Article 263 of the TFEU.
However, according to the CJEU, the validity of the contested decision may be challenged before a national court, which would be able to make a request to the CJEU for a preliminary ruling.
In particular, the CJEU highlighted that the judgment in question represents the first ruling by the CJEU on an application for annulment of a binding decision of the EDPB, adopted on the basis of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR').
More specifically, the CJEU explained that it had dismissed the action brought by Whatsapp as inadmissible on the ground that it is not directed against an act that is open to challenge under Article 263 of the Treaty on the Functioning of the European Union ('TFEU') and that WhatsApp is not directly concerned by the contested decision, within the meaning of the criteria for locus standi laid down by Article 263 of the TFEU.
However, according to the CJEU, the validity of the contested decision may be challenged before a national court, which would be able to make a request to the CJEU for a preliminary ruling.
