Article 78 GDPR
The right to an effective remedy before a court against a supervisory authority
P: 143
1. Without prejudice to other administrative or non-judicial remedies, any natural or legal person has the right to an effective remedy before a court against a legally binding decision of the supervisory authority concerning him.
2. Without prejudice to other administrative or non-judicial remedies, every data subject has the right to an effective judicial remedy if the supervisory authority competent pursuant to Articles 55 and 56 has not examined the complaint or has not informed the data subject, within three months of the progress or outcome of the complaint lodged pursuant to Article 77.
3. Proceedings against the supervisory authority shall be brought before the court of the Member State in which the supervisory authority is located.
4. If proceedings have been initiated against a decision of the supervisory authority that was preceded by an opinion or decision of the European Data Protection Board under the consistency mechanism, the supervisory authority shall forward the opinion or decision to the court.
