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Belgian Federal Public Service Finance – Court Ruling (Belgium, 2021)

Court Ruling
Autorité de Protection des Données16 July 2021Belgium
final
Court Ruling

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A Belgian court denied the tax department's request to suspend a decision made by the Belgian DPA. The court stated that the department did not provide enough evidence to justify the suspension. This ruling reinforces the need for organizations to comply with DPA decisions while awaiting further legal proceedings.

What happened

The Belgian tax department sought to suspend a decision made by the Belgian DPA.

Who was affected

The Belgian tax department that appealed the DPA's decision.

What the authority found

The court ruled that the tax department failed to provide sufficient evidence to support its request for suspension.

Why this matters

This ruling highlights the importance of complying with data protection authority decisions and the challenges organizations may face in appealing such decisions.

Recorded legal citations
Automatically processed
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Art. 66(GDPR)
Art. 78(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
108, § 1, par. 2 WOG
Decision AuthorityHof van Beroep
Reviewed AuthorityAPD/GBA (Belgium)

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Full Legal Summary
Detailed

The Belgian tax department appealed a decision of the Belgian DPA that was provisionally enforceable, and asked for the immediate suspension of the implementing measures already taken until the Court has ruled on the merits of the case. According to the Court, an appeal against an administrative decision can only be effective if the applicant is not put under pressure to pay a fine or to comply with the contested decision immediately. Article 66 GDPR provides the possibility of an "urgency procedure" where a supervisory authority considers that there is an urgent need to act in order to protect the rights and freedoms of data subjects. By way of derogation the supervisory authority can immediately adopt provisional measures intended to produce legal effects on its own territory with a specified period of validity which shall not exceed three months. Reading this Article (together with article 60 and 62 of the GDPR), it can be deduced that the European legislator did not intend to make decisions of the litigation chamber of a DPA provisionally enforceable. Article 108, § 1, par. 2 WOG, which provides for the provisional enforceability of the decisions of the Belgian DPA, must be interpreted strictly: in order to suspend the measures adopted by the DPA, the applicant must prove and motivate that the immediate enforceability of the measure would violate the right to an effective remedy as set out in Article 47 of the Charter of Fundamental Rights of the EU ('the Charter'). In this case the court rules by interlocutory judgment that: * the Belgian tax department did not put forward any concrete evidence, either in the application or at the hearing, to justify its claim for suspension and, therefore, its application is unfounded; * the Court prepares the case for hearing on the merits on Wednesday 10 November 2021.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Belgian Federal Public Service Finance in BE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

16 July 2021

Authority

Autorité de Protection des Données

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Belgian Federal Public Service Finance - Belgium (2021). Retrieved from cookiefines.eu

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