Source: All England Reporter
Publisher Citation: [2017] All ER (D) 23 (Oct)
Court: Court of Justice of the European Union (Second Chamber)

Judges Ilešic (President), Prechal, Rosas (Rapporteur), Toader and Jarašiunas

Judgment Dates: 27 September 2017


Human rights - Infringement of human rights - Effective remedy

The Case

Human rights Infringement of human rights. The Court of Justice of the European Union ruled that art 47 of the Charter of Fundamental Rights of the European Union did not preclude national legislation, which made the exercise of a judicial remedy by a person stating that his right to protection of personal data guaranteed by of the European Parliament and Council had been infringed, subject to the prior exhaustion of the available administrative remedies, provided that the practical arrangements for the exercise of such remedies did not disproportionately affect the right to an effective remedy before a court referred to in that article.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.