Court verdict declares no case to be made

EU Court Ruling in Case T-553/23 (Latombe v. Commission) Discusses Data Transfers to US and the Safety of Data thereupon

, and ASMedia

2025 September 24 . 11:33 PM

2 min read

Legal Proceedings Terminated by the Court

Court verdict declares no case to be made

The European Court (EuC) has recently issued a judgment in the case T-553/23 | Latombe / Commission, confirming the adequacy of the EU-US Data Privacy Framework (DPF) for the transfer of personal data from the European Union (EU) to organizations in the United States (US).

The judgment concerns the level of protection for personal data transferred to the US and the adequacy decision for such transfers, which is subject to periodic review by the European Commission at any time. This decision was adopted on 10.07.2023, based on the EU-US Data Privacy Framework.

The legal action was brought by Philippe Latombe, a French member of parliament, who argued that the Data Protection Review Court (DPRC) lacks impartiality and independence as it is dependent on the US administration. However, the EuC dismissed this complaint, stating that US law provides a legal remedy that is equivalent to that guaranteed in the EU.

The EuC relies on Articles 8(1) of the Charter of Fundamental Rights of the European Union and 16(1) of the Treaty on the Functioning of the European Union (TFEU), which enshrine the right of every person to the protection of their personal data. The Court also referred to the provisions of the General Data Protection Regulation (GDPR) for the international transfer of personal data.

The EuC's decision has been met with both approval and criticism. While some see it as a step forward in strengthening data protection, others, such as Austrian data protection activist Max Schrems, have called for a more comprehensive review of US law. Schrems, known for his role in the Schrems I and Schrems II cases, has expressed concern about the potential loss of independence of the DPRC due to personnel changes in federal agencies by the new US administration.

The EuC's judgment is significant as it upholds the validity of the EU-US Data Privacy Framework, a crucial tool for facilitating transatlantic data flows. The decision also reaffirms the importance of data protection in the EU and the commitment to upholding fundamental rights and freedoms, even in the context of international data transfers.

It is important to note that the complainant in the described procedure has the possibility of an appeal to the European Court of Justice (ECJ), which may come to a different result than the decision of the EuC presented here.

In conclusion, the EuC's judgment in the Latombe case represents a significant development in the area of data protection and transatlantic data transfers. While it has been met with some criticism, it underscores the commitment of the EU to upholding the right to data protection and ensuring adequate levels of protection for personal data transferred to the US.