The EDPS before the CJEU

In 2024, the EDPS will release a unique compendium, offering an overview of its interventions before the CJEU over the past two decades. 

The CJEU's rulings had a significant impact on the data protection landscape, particularly regarding the interpretation of relevant provisions of the EU Charter of Fundamental Rights, international agreements, and the General Data Protection Regulation (GDPR). 

The forthcoming compendium will include the complete text of the EDPS's pleadings, along with links to corresponding opinions from Advocates General and the Court’s judgments. 

Indirectly, it will trace the evolution of data protection case law over the last two decades on selected topics, including DPA independence, communication data retention and balancing of data protection and transparency of public documents. It will incorporate testimonials and reflections from current and former EDPS agents who have pleaded before the CJEU, alongside snapshots and background information from the courtroom.

More background information about the EDPS role before the Court of Justice of the European Union (CJEU) and the General Court are published in the dedicated webpage: Court Cases

Background Information

The Regulation (EU) 2018/1725 (so called EUDPR) lays down the right of the EDPS to intervene in actions brought before the CJEU.

Since 2005 the EDPS' right to intervene is not limited to cases where personal data has been processed by European institutions or bodies, but extends to all matters affecting the protection of personal data, either on EU or Member State level.

There are several ways in which the EDPS can be involved in cases before the Court:

• the EDPS has the power to refer a matter to the Court;
• decisions of the EDPS can be challenged before the Court of Justice; and
• the EDPS may intervene in direct actions when these are relevant to his tasks
• the EDPS may be invited by the Court to contribute to the proceedings with its particular expertise in data protection.