The General Court’s dismissal of the annulment action against the Consent or Pay Opinion may seem like an EDPB victory, but consider this:
(i) The General Court just said “[t]hose are therefore opinions to which no special authority is attached” (para. 28). In other words, “it’s just paper”, or “what you say in there isn’t worth much”. Not great to be told that as a regulator.
(ii) I assume this will be appealed before the Court of Justice, and one AG recently suggested more is challengeable than what the General Court says in its judgment (see my analysis here: https://lnkd.in/e34C3HvF )
Interesting decision, but I wouldn’t see this yet as the end of the saga – or as a true victory for the EDPB.
Judgment of 29 April 2025 in case T-319/24: https://lnkd.in/eEwc2z2F
Data protection privacy GDPR
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