Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy

Right to Adequate Legal Remedy: Making the admissibility of a legal action brought by a person alleging infringement of his right to data protection subject to the prior exhaustion of the administrative remedies available does not violate Article 47 of the Charter of Fundamental Rights of the EU “provided that the practical arrangements for the exercise of such remedies do not disproportionately affect the right to an effective remedy before a court referred to in that article.” It is important, in particular, that the prior exhaustion of the available administrative remedies does not lead to a “substantial delay” in bringing a legal action, that it involves the suspension of the limitation period of the rights concerned and that it “does not involve excessive costs”. (¶76)

In the light of all the foregoing considerations, the answer to the first question must be that Article 47 of the Charter must be interpreted as meaning that it does not preclude national legislation, which makes the exercise of a judicial remedy by a person stating that his right to protection of personal data guaranteed by Directive 95/46 has been infringed, subject to the prior exhaustion of the available administrative remedies, provided that the practical arrangements for the exercise of such remedies do not disproportionately affect the right to an effective remedy before a court referred to in that article. It is important, in particular, that the prior exhaustion of the available administrative remedies does not lead to a substantial delay in bringing a legal action, that it involves the suspension of the limitation period of the rights concerned and that it does not involve excessive costs.