Meta launches an annulment action against the EDPB consent or pay opinion

In today’s Official Journal: Meta’s annulment action against the EDPB’s Consent or Pay Opinion (Opinion 08/2024).

Here are the pleas:

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

1. First plea in law, alleging that either Article�64(2) GDPR is illegal and inapplicable pursuant to Article�277�TFEU, or it requires a restrictive interpretation conforming with the Meroni and Romano principles and the Charter of Fundamental Rights of the European Union (Charter), which must conclude that it is the EDPB�s interpretation and application of Article�64(2) GDPR in Contested Opinion that violates the fundamental rights enshrined in the Charter and the balance of powers established by the Treaties.

2. Second plea in law, alleging that the Contested Opinion violates Article�19(1) TEU because it does not respect the binding nature of judgments of the CJEU or at the very least erred in law by misinterpreting the judgment in Case C-252/21, Meta Platforms and Others.

3. Third plea in law, alleging that the Contested Opinion is an illegal and disproportionate interference with Article�16 of the Charter that fails to strike a fair balance between conflicting fundamental rights.

4. Fourth plea in law, alleging that the Contested Opinion violates the principle of equal treatment enshrined in Article�20 of the Charter.

5. Fifth plea in law, alleging that the Contested Opinion introduces a novel and incoherent obligation that is nowhere to be found in the GDPR, in violation of Article�52(1) of the Charter, the principle of legal certainty, the notion of consent (Article�4(11) GDPR), and the principle of data minimisation (Article�5(1)(c) GDPR).

6. Sixth plea in law, alleging that the EDPB failed to act as an impartial body in violation of Article�41(1) of the Charter.

7. Seventh plea in law, alleging submitting that the EDPB violated Meta Platforms Ireland Ltd�s right to be heard enshrined in Article�41(2)(a) of the Charter.

As many readers know, I have published a few times about the Consent or Pay Opinion (and I am critical of the EDPB’s Opinion), and I look forward to seeing what the EU General Court says about this action – and how things evolve more generally regarding the EDPB’s Consent or Pay approach, also in the light of the Guidelines on which the EDPB is working.

Link to the OJ publication: https://lnkd.in/ebAJDvkU

data protection GDPR Privacy