Article 79 - Right to an effective judicial remedy against a controller or processor

2 pending referrals

Referral C-676/25 (Viva credit, 22 Oct 2025)

Referral C-414/24 (Datenschutzbehörde , 13 Jun 2024)

2 preliminary rulings

Judgment of 30 Apr 2025, C-313/23 (Inspektorat kam Visshia sadeben savet)

Article 79(1) of Regulation 2016/679, read in conjunction with Article 47 of the Charter of Fundamental Rights, must be interpreted as meaning that a court having jurisdiction to authorise disclosure of personal data to another judicial body is not required, where an action pursuant to that provision has not been brought before it, to ensure of its own motion the protection of the persons whose data are concerned as regards compliance with the provisions of that regulation relating to the security of personal data, including where it is known that that body has, in the past, infringed those provisions.

Judgment of 12 Jan 2023, C-132/21 (Budapesti Elektromos Művek Zrt.)

Article 77(1), Article 78(1) and Article 79(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,   must be interpreted as permitting the remedies provided for in Article 77(1) and Article 78(1) of that regulation, on the one hand, and Article 79(1) thereof, on the other, to be exercised concurrently with and independently of each other. It is for the Member States, in accordance with the principle of procedural autonomy, to lay down detailed rules as regards the relationship between those remedies in order to ensure the effective protection of the rights guaranteed by that regulation and the consistent and homogeneous application of its provisions, as well as the right to an effective remedy before a court or tribunal as referred to in Article 47 of the Charter of Fundamental Rights.

---