Case C-414/24 before the CJEU: some reflections on the interrelationship between Articles 77, 78 and 79 GDPR and the dimensions of the principle of effective judicial protection

Abstract

The interaction between the regime laid down in Articles 77 to 79 of the General Data Protection Regulation (GDPR) has given rise to several practical difficulties in its application and harmonisation within the domestic legal orders of the Member States, in which that Regulation is directly applicable. Using as its point of departure the subject matter addressed by the Court of Justice of the European Union (CJEU) in Case C-414/24, this article offers a set of methodological and practical reflections on the interpretation of those provisions, in the light of substantive conceptions of the principle of effective judicial protection and of the right to a fair and equitable trial, as fundamental dimensions of European Union law and as foundational elements of the democratic rule of law.