Action brought on 4 April 2024 – DR and DS v EIOPA

(Case T-182/24)

Language of the case: English

Parties

Applicants: DR and DS (represented by: N. Flandin, lawyer)

Defendant: European Insurance and Occupational Pensions Authority

Form of order sought

The applicants claim that the Court should:

declare the present application admissible;

declare the present application founded in so far as:

the defendant has committed sufficiently serious breach of rules of law conferring rights on individuals, and in particular of Articles 8 and 41 of the Charter of Fundamental Rights of the European Union and of Regulation (EU) 2018/1725 of the European Parliament and of the Council;¹

the applicants have suffered a moral damage;

the moral damage suffered by the applicants results directly from the above-mentioned illegalities;

consequently :

order the compensation of the moral damage suffered by the applicants;

order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicants submit that the conditions laid down by Article 340 TFEU are met in the present case to engage the defendant’s liability.

As regard the first condition – the defendant’s unlawful conduct in processing the applicants’ personal data:

–    violation of Article 8 of the Charter and of Article 4(1)(a), Article 14 and Article  15(1)(c), (d) of Regulation (EU) 2018/1725 of the European Parliament and of the Council – violation of the principle of processing personal data in a legal, fair and transparent manner;

–    violation of Article 8 of the Charter and of Article 4(1)(c) of Regulation (EU) 2018/1725 of the European Parliament and of the Council – violation of the principle of data minimisation;

–    violation of Article 8 of the Charter and of Article 4(1)(f) and Article 33 of Regulation (EU) 2018/1725 of the European Parliament and of the Council – violation of the principle of security of personal data;

–    violation of Article 8 of the Charter and of Article 23(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and the insufficient motivation provided by the defendant;

–    violation of Article 41 of the Charter – violation of the principle of good administration.

As regard the second condition – the damage: the applicants have suffered a non-material damage.

As regards the third condition - the causal link: the non-material damage results directly from the illegal processing of the applicants’ data by the defendant.

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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).