Action brought on 8 January 2024 – Meta Platforms Ireland v EDBP
(Case T-8/24)
Language of the case: English
Parties
Applicant: Meta Platforms Ireland Ltd (Dublin, Ireland) (represented by: H.-G. Kamann, F. Louis, M. Braun, A. Vallery, lawyers, D. McGrath, E. Egan McGrath, SC, S. Horan, H. Godfrey, Barristers-at-Law, P. Nolan, B. Johnston, L. Joyce and D. Breatnach, Solicitors)
Defendant: European Data Protection Board
Form of order sought
The applicant claims that the Court should:
annul the EDPB’s “Urgent Binding Decision 01/2023 requested by the Norwegian SA for the ordering of final measures regarding Meta Platforms Ireland Ltd (Art. 66(2) GDPR 1 )” adopted on 27 October 2023, in total or, in the alternative, in its relevant parts; and
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
First plea in law, alleging that Article 66(2) of GDPR violates the rule of law, Articles 41 and 47 of the Charter of Fundamental Rights of the European Union (Charter), and Article 6 of the European Convention of Human Rights (ECHR) and, as such, is unlawful and invalid.
Second plea in law, alleging that the EDPB exceeded its competence under Article 66 of GDPR.
Third plea in law, alleging that the EDPB infringed the right to good administration as enshrined in Article 41 Charter.
Fourth plea in law, alleging that the EDPB considered incorrect criteria to determine whether it could adopt an urgent binding decision pursuant to Article 66(2) of GDPR.
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1 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) (Text with EEA relevance) (OJ 2016 L 119, p. 1).