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Case Law · Court of Justice of the European Union EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Judgment

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It is clear from the wording of the provisions of Chapter VIII of the GDPR that none of those provisions require Member States to provide for a preventive remedy such as that described in paragraph 42 above. In particular, the wording of Article 79(1) of that regulation merely provides that, without prejudice to any available administrative or non-judicial remedy, each data subject is to have the right to an effective judicial remedy where he or she considers that his or her rights under that regulation have been infringed as a result of the processing of his or her personal data in non-compliance with that regulation. The wording of that provision does not require Member States to provide for a specific legal remedy whereby a prohibitory injunction may be obtained, as a preventive measure, by means of a legal action, as envisaged by the referring court.

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