Action brought on 9 March 2023 – Meta Platforms Ireland v European Data Protection Board

(Case T-128/23)

Language of the case: English

Parties

Applicant: Meta Platforms Ireland Ltd (Dublin, Ireland) (represented by: H.-G. Kamann, F. Louis, M. Braun and A. Vallery, lawyers, P. Nolan, B. Johnston, C. Monaghan and D. Breatnach, Solicitors, D. McGrath, E. Egan McGrath and H. Godfrey, Barristers)

Defendant: European Data Protection Board (EDPB)

Form of order sought

The applicant claims that the Court should:

annul the EDPB’s Binding Decision 4/2022 on the dispute submitted by the Irish SA on Meta Platforms Ireland Limited and its Instagram service (Art. 65 GDPR) adopted on 5 December 2022, 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 five pleas in law.

First plea in law, alleging that the EDPB exceeded its competence under Article 65 GDPR.

Second plea in law, alleging that the EDPB infringed Article 6(1)(b) GDPR by interpreting the concept of contractual necessity overly narrowly and applying this incorrect legal standard based on an incorrect interpretation of Meta Ireland’s Terms of Use.

Third plea in law, alleging that the EDPB infringed the right to good administration as enshrined in Article 41 of the Charter of Fundamental Rights of the EU.

Fourth plea in law, alleging that that the EDPB failed to act as an impartial body.

Fifth plea in law, alleging that the EDPB violated Article 83 GDPR and various underlying principles governing the determination of fines under the GDPR.

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