CJEU - C 288/12 / Opinion Commission v Hungary

Key facts of the case:
 
(Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — National legislation prematurely bringing to an end the six-year term to be served by the data protection supervisor — Creation of a national authority for data protection and freedom of information, and the appointment for a nine-year term of a person other than the data protection supervisor as head of that authority)
 
Results (sanctions) and key consequences of the case:
 
91. In the light of the foregoing considerations I propose that the Court should:
  • declare that, by prematurely bringing to an end the term served by the data protection supervisor, Hungary has failed to fulfil its obligations under the second subparagraph of Article 28(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
  • order Hungary to bear its own costs and to pay the costs incurred by the European Commission; and
  • order the European Data Protection Supervisor to bear his own costs.
Paragraphs referring to EU Charter: 

 

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