Jurisdiction(s):
Ireland

CJEU Advocate General backs admissibility of WhatsApp’s direct challenge to EDPB Article 65 decision, potentially opening the door to Meta’s pending appeals

Published on: 04 April 2025

Published by an LexisNexis Ireland - Commercial expert

Legal News

Article summary

Meta Platforms’ WhatsApp Ireland should be permitted to challenge a decision by a group of EU data protection authorities at the EU courts, because it was ‘directly concerned’ by that decision, a legal opinion for the Court of Justice of the European Union states. Advocate General Tamara Ćapeta of the EU Court of Justice, in a non-binding opinion (see here), advised the EU’s top court should find action for annulment admissible and refer the case back to the General Court.

The case arises from a dispute over a decision of Ireland’s Data Protection Commission. In August 2021, the DPC fined WhatsApp €225m for failing to meet transparency duties under the General Data Protection Regulation. The opinion says ‘the appellant is directly concerned by’ the European Data Protection Board’s decision and ‘the contested decision is of individual concern to the appellant’...

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