(Case C-481/21 Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 4August 2021– TX v Bundesrepublik Deutschland
Fecha: 04-Ago-2021
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 4August 2021– TX v Bundesrepublik Deutschland
(Case C-481/21)
Language of the case: German
Referring court
Verwaltungsgericht Wiesbaden
Parties to the main proceedings
Applicant: TX
Defendant: Bundesrepublik Deutschland, represented by the Bundeskriminalamt
Questions referred
Considered in the light of Article54 of Directive (EU) 2016/680,1 is Article15(3) and (1) of Directive (EU) 2016/680, read in conjunction with Article14 thereof, to be interpreted as meaning that it permits national legislation
under which, in the case of joint responsibility for data processing, the entity actually responsible for the data stored does not have to be named, and
which also allows access to be refused without substantive reasons being given to a court?
If Questions 1(a) and 1(b) are answered in the affirmative, is Article15(3) and (1) of Directive (EU) 2016/680 consistent with the right to an effective judicial remedy under Article47 of the Charter of Fundamental Rights of the European Union1 even though it would thus be impossible for the court
to join to the proceedings, in accordance with national procedural rules, in a multi-stage administrative procedure, the other authority which is involved and is actually responsible and which must give its consent to the provision of access to data; and
substantively to verify whether the conditions for the refusal of access are met and have been correctly applied by the authority refusing access?
Does the refusal of access and thus of an effective remedy under Article47 of the Charter unlawfully interfere with the freedom to choose an occupation under Article15 of the Charter in the case where the information stored is used to exclude a data subject from the desired activity on the ground of an alleged security risk?