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EU Court of Justice opens direct actions before General Court against EDPB binding decisions: WhatsApp admissibility ruling unlocks Meta and TikTok appeals

Published on: 11 February 2026

Published by an LexisNexis Information Law expert

Legal News

Article summary

Meta Platforms’ WhatsApp can challenge a decision by a group of EU data protection authorities before the EU courts

EU judges confirmed on 10 February 2026 that WhatsApp may directly contest a binding decision of the EDPB before the EU courts, in a landmark move that could clear the way for similar appeals currently stuck before EU judges. The EU Court of Justice said the EDPB’s measure creates binding legal consequences that can immediately impact the company, so a direct action is available indeed. As the court put it, the EDPB’s decision clearly qualifies as an act that can be challenged before the Courts of the EU, according to its statement. Observers have tracked the dispute closely because this is the first ruling to address whether an EDPB decision can be brought straight to the General Court, rather than forcing a company to route its objections through a national tribunal. The EU’s top court has now sent the case back to the EU’s General Court to rule on the substance. The EDPB said in a statement that it...

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