Action brought on 4 December 2023 – WS v EUIPO
(Case T-1138/23)
Language of the case: English
Parties
Applicant: WS (represented by: H. Tettenborn, lawyer)
Defendant: European Union Intellectual Property Office
Form of order sought
The applicant claims that the Court should:
Annul the decision of EUIPO to reject the applicant’s requests submitted by his letter of 25/07/2023, namely for compensation of material and immaterial damages;
Order EUIPO to pay an amount to the applicant in the discretion of the Court – in the applicant’s view at least EUR 500 000.00 – as an adequate compensation for the moral, material and immaterial damages suffered by the applicant as a result of the various breaches of the applicant’s rights under the EUDPR 1 brought forward with this action, and as a result of the decision of EUIPO to reject the applicant’s requests submitted by his letter of 25/07/2023;
Order EUIPO to pay the procedural costs.
Pleas in law and main arguments
In support of the action, the applicant relies on nine pleas in law.
First plea in law, alleging EUIPO’s breach of its obligation of complying with Articles 26(1) and 14(5) EUDPR – failure of EUIPO to implement all measures to ensure and be able to demonstrate compliance.
Second plea in law, alleging a breach by EUIPO of its obligation of complying with Article 14(2), (4) and (5) EUDPR – failure of EUIPO to facilitate the exercise of data subject rights under Articles 17 to 24 of the EUDPR.
Third plea in law, alleging a breach by EUIPO of its obligation of complying with Article 17(1), (3) and Article 4(2) EUDPR – failure of EUIPO to provide any kind of logs.
Fourth plea in law, alleging a breach by EUIPO of its obligation of complying with Article 4(1) and (2) EUDPR.
Fifth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 20 and 23 EUDPR – failure of EUIPO to enforce the applicant’s right to restriction of processing and to object.
Sixth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 65, 4(1f), (1d) and (2) EUDPR – failure of EUIPO to comply with the applicant’s right of compensation.
Seventh plea in law, alleging a breach by EUIPO of its obligation of complying with Article 33 EUDPR – failure of EUIPO to enforce the security of its processing activities.
Eighth plea in law, alleging a breach by EUIPO of its obligation of complying with Articles 34(1) and 35(1) EUDPR – failure of EUIPO to notify the data subject and the EDPS about the personal data breaches reported by the applicant.
Ninth plea in law, alleging a breach by EUIPO of its obligation of complying with Article 39(1) EUDPR – failure of EUIPO to carry out a proper data protection impact assessment.
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1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ 2018 L 295, p. 39).