IP case law Court of Justice

a) lawfulness, fairness and transparency

3 preliminary rulings

Judgment of 14 Jul 2026, C-474/24 (NADA Austria and Others)

Article5(1)(a) and (c) and the second subparagraph of Article 6(3) of Regulation 2016/679must be interpreted as not precluding national legislation which imposes on national anti-doping bodies an obligation to publish on the internet personal data concerning all athletes sanctioned for infringing anti-doping rules, such as the names of the athletes concerned, the duration of the ban imposed on them and the reasons for it, with the exception of recreational athletes, particularly vulnerable persons and whistleblowers, provided that that legislation allows controllers, apart from those exceptions and prior to such publication, to carry out an individual balancing exercise weighing up the interests involved in order to ensure that that publication is made in a manner consistent with that regulation.

Judgment of 18 Jun 2026, C-484/24 (NTH Haustechnik)

Regulation 2016/679 must be interpreted as meaning that a court is required, when acting in its judicial capacity, to ensure compliance with that regulation when it processes personal data relating to persons who are not a party to proceedings. EU law does not require one of the parties to those proceedings to be able to rely on the fact that the other party collected or stored data unlawfully, for the purposes of that regulation, in breach of the rights which those third parties derive from that regulation.

Judgment of 7 Dec 2023, C-26/22 (SCHUFA Holding)

Article 5(1)(a) of Regulation 2016/679, read in conjunction with point (f) of the first subparagraph of Article 6(1) of that regulation, must be interpreted as precluding a practice of private credit information agencies consisting in retaining, in their own databases, information from a public register relating to the grant of a discharge from remaining debts in favour of natural persons in order to be able to provide information on the solvency of those persons, for a period extending beyond that during which the data are kept in the public register.  





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