Overview
- The Court of Justice of the EU overturned a 2022 General Court finding of inadmissibility, holding that the EDPB’s binding decision is of direct concern to WhatsApp.
- Judges ruled the EDPB’s order unconditionally bound national regulators, so it is open to judicial review at the EU level.
- The case now returns to the General Court to determine whether WhatsApp breached the GDPR and what fine, if any, is appropriate.
- Legal observers report the ruling is expected to unlock pending appeals against EDPB interventions, many involving Meta companies.
- Ireland’s DPC initially proposed a €30–50 million fine before the EDPB pushed it to €225 million in 2021, and the DPC has collected just €17.5 million of more than €4 billion in fines since 2020 due to legal challenges.