C-26/227 Dec 2023
UF and AB v Land Hessen
A decision on a complaint adopted by a supervisory authority is subject to full judicial review.
General Data Protection Regulation
Article 78
Right to an effective judicial remedy against a supervisory authority
1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.
2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77.
3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.
Holdings
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C-132/2112 Jan 2023
BE v Nemzeti Adatvédelmi és Információszabadság Hatóság
The remedies under Articles 77(1) and 78(1), on the one hand, and under Article 79(1), on the other, may be pursued concurrently and independently. It is for the Member States to lay down the detailed rules governing the relationship between those remedies so as to ensure effective protection of the rights guaranteed by the GDPR, the consistent and homogeneous application of the GDPR, and the right to an effective remedy before a court or tribunal under Article 47 of the Charter.