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European Commission – CJEU Judgment (European Union, 2012)
CJEU precedent (Directive 95/46/EC, pre-GDPR)
This is a Court of Justice judgment predating the GDPR. It interprets Directive 95/46/EC (the Data Protection Directive). It is not a cookie or ePrivacy case and is excluded from cookie statistics and the Risk Calculator.
The Court of Justice ruled that Austria's data protection authority was not independent enough from the government. This is important because it ensures that data protection bodies can operate without political influence. The ruling emphasizes the need for independence in protecting personal data rights.
What happened
The European Commission challenged Austria's data protection authority for lacking independence.
Who was affected
Individuals in Austria whose data protection rights could be compromised by a non-independent authority.
What the authority found
The Court found that Austria's data protection authority did not meet the independence criteria set by EU law.
Why this matters
This decision highlights the necessity for data protection authorities to operate independently. Organizations should advocate for strong, independent oversight to protect personal data effectively.
Source checks
Secondary-source text retrieved.
Automated check recorded — 19 March 2026.
Processing notes: articles corrected, national law identified, authority corrected.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
On 5 July 2005 the European Commission sent a letter of formal notice to the Republic of Austria in which it claimed that the organisation of the Austrian Data Protection Commission (Datenschutzkommission – DSK) failed to satisfy the criterion of independence set out in the second subparagraph of [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31995L0046 Article 28(1) of Directive 95/46/EC]. The Commission did not consider the observations of the Republic of Austria satisfactory and, therefore, issued a reasoned opinion pursuant to [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT Article 258(1) TFEU]. On 9 December 2009, the European Commission brought the matter in front of the Court of Justice of the European Union. The Commission and the EDPS noted that, according to the then-current national law, the managing member of DSK needed to be a member of the Federal Chancellery (Bundeskanzleramt). More in general, they pointed out that the office of DSK was structurally integrated with the departments of the Chancellery. They argued that this was contrary to the criterion of independence set out in the second subparagraph of [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31995L0046 Article 28(1) of Directive 95/46/EC], as staff members were subject to the supervision of the Chancellery. The Republic of Austria argued that the requirement of set by the second subparagraph of [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31995L0046 Article 28(1) of Directive 95/46/EC] relates to “functional independence” and that the DSK had such independence, since [https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001597&FassungVom=2010-11-18&Artikel=2&Paragraf=37&Anlage=&Uebergangsrecht= § 37(1) of the then-in force Austrian Data Protection Code] (Datenschutzgesetz - DSG 2000) provided for its members to be independent and not to be bound by instructions given by the government. It point
Outcome
CJEU Case
A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.
Related Cases (2)
Other cases involving European Commission in EU
CJEU Case
Details
Judgment Date
16 October 2012
Authority
Court of Justice of the European Union
About this data
Cite as: Cookie Fines. European Commission - European Union (2012). Retrieved from cookiefines.eu
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