Article 71 PDPA
Application for a legal question on the legality of the European Commission Decision on the general application of the Code of Conduct in the EU

1. If, in the course of the proceedings, the President of the Office finds that there are reasonable doubts as to the compatibility with European Union law of the European Commission's decision referred to in Article 40(9) on the code of conduct referred to in Article 46(2)(e) and the decision referred to in Article 45(3) and (5) and Article 46(2)(c) of Regulation 2016/679, the President of the Office shall apply to the administrative court for a legal question under Article 267 of the Treaty on the Functioning of the European Union on the validity of the European Commission's decision.

2. The application referred to in paragraph 1, in addition to meeting the requirements for a complaint referred to in Article 64 § 2 of the Act of August 30, 2002. - Law on Proceedings before Administrative Courts (Journal of Laws of 2017, item 1369, 1370 and 2451, and of 2018, item 650), it includes, in particular:

1) Indication of the decision of the European Commission to which the application relates;

2) discussion of the reasons why the President of the Office raised doubts about the validity of the European Commission's decision and its non-compliance with the law;

3) the content of the question or questions that the administrative court presents to the Court of Justice of the European Union, including:

(a) the subject-matter of the dispute and the determination of the facts, including the position of the party in the proceedings before the Authority, if presented by the party;

(b) an indication of the law applicable to the case;

(c) a question or questions sentencing proposed for submission to the Court of Justice of the European Union by the administrative court;

4) a statement that the contents of the attachment referred to in paragraph 3 are consistent with the application submitted in paper form.

3. The application referred to in paragraph 1 shall be accompanied by an attachment containing the contents of the application in the form of an electronic document saved on a computer data carrier in a data format that allows editing of its contents.

4. The President of the Office is a party to the proceedings before the administrative court on the application referred to in paragraph 1.

5. The administrative court shall consider the application referred to in paragraph 1 in closed session, with a panel of 3 judges.

6. The administrative court, finding the request referred to in paragraph 1 to be justified, shall make a preliminary reference to the Court of Justice of the European Union on the basis of Article 267 of the Treaty on the Functioning of the European Union.

7. If the administrative court determines that the request referred to in paragraph 1 does not contain sufficient justification for a preliminary question to the Court of Justice of the European Union, an order shall be issued to refuse the question.

8. The decision referred to in paragraph 7 is not subject to appeal.

9. The administrative court shall prepare a statement of reasons for the decision referred to in paragraph 7 within 21 days.

10. No court fee shall be charged on the application referred to in paragraph 1.