There are several ways in which the EDPS can be involved in cases before the Court of Justice: the EDPS has the power to refer a matter to the Court (see Article 47(h) of Regulation (EC) No 45/2001), decisions of the EDPS can be challenged before the Court of Justice and the EDPS can intervene in cases when these are relevant to his tasks (see Article 47(i) of Regulation (EC) No 45/2001).
So far, the EDPS has not brought a case before the Court of Justice. Three decisions of the EDPS have been challenged before the Court, but were dismissed at an early stage (see, for instance, Case T-164/09).
Most EDPS activities in this area concerned the interventions. The right to intervene extends to the General Court and the Civil Service Tribunal.
In its orders of 17 March 2005 in the so-called PNR-cases, the Court of Justice decided that the right of the EDPS to intervene extends to all matters concerning the processing of personal data. In practice, this means that the EDPS' right to intervene in court cases is not limited to cases where personal data have been processed by European institutions or bodies, but extends to all matters affecting the protection of personal data, either on the EU level or in the Member States.
According to the order of the President in Case C-73/07, the right to intervene does not extend to preliminary rulings procedures (under Article 267 TFEU).
In his interventions, the EDPS aims at clarifying the perspective of data protection. The EDPS has intervened in the following cases:
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