Case Law · CJEU 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.
Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy
Judgment
Summary
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,
Full text
summary
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)
¶76 excerpt
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.
How it connects
References
Related across sources
Guidelines 1/2020 processing personal data in the context of connected vehicles and mobility related applications Guidelines on processing of personal data through video devices Guidelines Jan 28, 2020 Personal Data Privacy by Design & Default Processing
Guidelines 07/2020 concepts of controller and processor in the GDPR Guidelines Jul 7, 2021 Controllers Processors IP Address
Guidelines 04/2022 calculation of administrative fines under the GDPR Guidelines May 24, 2023 Fines Notified Body Reporting and Notification Obligations Supervision
Guidelines 2/2019 processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects 1 Adopted Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects Version 2.0 8 October… Guidelines Oct 16, 2019 Personal Data Processing Child Consent
Guidelines 3/2025 interplay between the DSA and the GDPR Guidelines Sep 17, 2026 Privacy by Design & Default Privacy by Design Personal Data
Opinion 28/2024 certain data protection aspects related to the processing of personal data in the context of AI models Opinion Dec 18, 2024 Personal Data Processing Data Governance for AI