EC Publishes French MP's Grounds for Appealing Dismissal of Challenge to EU-US Data Flows
The Official Journal of the EU Monday published the grounds for French Member of Parliament Philippe Latombe's appeal of an EU General Court ruling tossing his challenge to the EU-U.S. Data Privacy Framework (DPF).
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The European Court of Justice (ECJ) accepted Latombe's appeal in November (see 2511070020).
Latombe had asked the ECJ to set aside the General Court judgment and to annul the DPF, or to set the judgment aside and refer the case back to the General Court.
Latombe argued first that the General Court erred in law, failed to state sufficient reasons and distorted the evidence in the case when it rejected his allegation that the DPF violates the EU Charter of Fundamental Rights (Charter) and the GDPR.
The second ground centers on legal arguments on questions about the independence and impartiality of the U.S. Data Protection Review Court, established to provide redress to EU citizens aggrieved by U.S. actions involving their personal data.
Latombe also claimed the General Court decision should be set aside because of errors of law it made to reject his charge that the DPF framework breaches the Charter because U.S. law doesn't make bulk collection of personal data subject to prior authorization by a judicial or administrative authority.
Finally, Latombe said, the General Court was wrong in not finding that Executive Order 14086 of Oct. 7, 2022, gives the president "power to authorise a secret update of the specific obligations relating to bulk collection."
Other parties in the case (Latombe v Commission, Case C-703/25 P) are the European Commission, Ireland and the U.S.