Recital 143

(143) Any natural or legal person has the right to bring an action before the Court of Justice for the annulment of decisions of the European Data Protection Board under the terms of Article 263 TFEU. Affected supervisory authorities wishing to challenge such decisions - as addressees of such decisions - must file a complaint within two months of being notified of such decisions, in accordance with Article 263 TFEU. If the decisions of the European Data Protection Board directly and individually affect a controller, processor or complainant, the latter may file a complaint for the annulment of such decisions within two months of their publication on the website of the European Data Protection Board, in accordance with Article 263 TFEU. Subject to the right under Article 263 TFEU, any natural or legal person should have the right to an effective remedy before a competent national court against a decision of a supervisory authority producing legal effects against that person. Such a decision may relate, in particular, to the supervisory authority's exercise of its powers of investigation, remedial powers and powers of authorization, or the dismissal or rejection of complaints. However, the right to an effective remedy before a court does not apply to non-legally binding measures adopted by supervisory authorities, such as opinions or recommendations issued by them. A complaint against a supervisory authority should be brought before the court of the member state where the supervisory authority is established, and the proceedings should be conducted in accordance with the law of that member state. These courts should exercise full jurisdiction over the case, including the determination of the factual and legal circumstances relevant to the outcome of the case. If the supervisory authority rejects or dismisses the complaint, the complainant may appeal to a court of the same member state. In the context of judicial remedies before the court concerning the application of this Regulation, national courts that consider that a decision on the issue is necessary for their judgment may, and in the case provided for in Article 267 TFEU must, request a preliminary ruling from the Court of Justice on the interpretation of Union law, including this Regulation. In addition, if a decision of a supervisory authority implementing an EPC decision is challenged before a national court, and the validity of the EPC decision is at issue, the national court is not entitled to declare the EPC decision invalid, but if it considers the decision invalid, it must refer the issue of its validity to the Court of Justice in accordance with Article 267 TFEU and its interpretation by the Court of Justice. However, a national court may not refer to the Court of Justice the issue of the validity of a decision of the European Data Protection Board at the request of a natural or legal person who has had the opportunity to bring an action for the annulment of that decision, in particular if it was directly and individually affected by the decision, but did not do so within the time limit provided for in Article 263 TFEU.

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Recital 143 of the preamble to the GDPR | ODO 24