Yesterday (October 26, 2016) reported Reutersthat Digitial Rights Ireland Ltd had filed an action for annulment with the European Court of Justice against the European Commission’s adequacy decision on the EU‑U.S. Privacy Shield of July 12, 2016 (Case T‑670/16).
Digitial Rights Ireland Ltd will now be brought before the European Court of Justice (jurisdiction pursuant to Art. 256 para. 1 TFEU) must present,
- that the adequacy decision is unlawful – e.g. due to violation of the European Treaties or due to misuse of powers (Art. 263 para. 2 TFEU); and
- that the adequacy decision – which is addressed to the Member States – constitutes an act of the Commission which Digitial Rights Ireland Ltd. Directly and individual concerns (Art. 263 (4) TFEU)