Annual Conference of European data protection Commissioners in Luxembourg - Resolution on the European data protection reform
24 April 2012
ACTA measures to enforce IP rights in the digital environment could threaten privacy and data protection if not properly implemented. Please read our press release and opinion.
18 April 2012
EDPS calls for data protection safeguards before public sector information containing personal data can be re-used. See our press release and the opinion.
The EDPS has the right to intervene in cases before the Court of Justice in cases that are relevant to his task. In its orders of 17 March 2005 in the so-called PNR-cases, the Court of Justice decided that this right extends to all Community 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 Community matters affecting the protection of personal data, either on the EU level or in the Member States.
The right to intervene is based on Article 47 of Regulation (EC) No 45/2001 and is comparable to the right attributed to the EU institutions and the Member States. This right extends to the Court of First Instance and the Civil Service Tribunal.
In his interventions, the EDPS aims at clarifying the perspective of data protection. The EDPS has intervened in the following cases:
the two joined PNR-cases before the Court of Justice: Cases C-317/04 and C-318/04;
five cases before the Court of First Instance on the relationship between public access to documents and data protection: Cases T-170/03 (British American Tobacco), T-161/04 (Valero Jordana), T-194/04 (Bavarian Lager), T-3/08 (Suárez vs. Council) and T-82/09 (Dennekamp vs. Parliament);
Ireland vs. Council and European Parliament on the data retention Directive 2006/24: Case C-301/06;
Commission vs. Germany on the independence of data protection authorities: Case C-518/07;
two cases concerning access to information on competitions at EPSO introduced by the same plaintiff before two different courts: Case T-374/07 (Pachtitis vs. Commission and EPSO) and Case F-35/08 (Pachtitis vs. Commission and EPSO).
The EDPS issued a response to the appeal of the Commission (Case C-28/08 P) against the judgment of 8 November 2007 of the Court of First Instance in the Bavarian Lager Case T-194/04.
For the first time, a decision of the EDPS was challenged before the Court of First Instance in Case T-164/09 (Kitou).
In Case C-73/07, the President of the Court did not allow for an intervention of the EDPS, since according to the order of the President, the right to intervene does not extend to preliminary rulings procedures (under Article 234 EC Treaty).
EDPS Pleadings
EDPS pleading at the hearing of the Civil Service Tribunal of 1 December 2009 in case F-35/08 (Pachtitis vs. Commission and EPSO)
EDPS pleading at the hearing of the Court of 16 June 2009 in case C-28/08P (Commission vs. Bavarian Lager)
EDPS pleading at the hearing of the Court of 1 July 2008 in case C-301/06 (Ireland vs. Council and European Parliament on the data retention Directive 2006/24)
EDPS pleading at the hearing of the Court of First Instance of 13 September 2006 in case T-194/04 (Bavarian Lager vs. Commission)
EDPS pleading at the hearing of the Court of 18 October 2005 in cases C-317/04 et C-318/04 (Parliament vs. Council on PNR) Only available in French
