Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 81 Suspension of proceedings
Summary What does Article 81 of the GDPR regulation say?
This article addresses the coordination of parallel court proceedings across Member States when the same controller or processor is involved in the same subject matter.
It establishes a mechanism to prevent conflicting judgments arising from simultaneous litigation in different Member States, sitting alongside the broader judicial remedy provisions of the regulation, particularly Article 79, which grants data subjects the right to bring proceedings before national courts.
Important points:
- A competent court that becomes aware of parallel proceedings in another Member State is required to contact that court to confirm the existence of those proceedings.
- Courts other than the one first seized may suspend their proceedings where the same subject matter and same controller or processor are involved in another Member State.
- On the application of one of the parties, a court other than the one first seized may decline jurisdiction entirely, provided the first court has jurisdiction and its law permits consolidation.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Where a competent court of a Member State has information on proceedings, concerning the same subject matter as regards processing by the same controller or processor, that are pending in a court in another Member State, it shall contact that court in the other Member State to confirm the existence of such proceedings.
Where proceedings concerning the same subject matter as regards processing of the same controller or processor are pending in a court in another Member State, any competent court other than the court first seized may suspend its proceedings.
Where those proceedings are pending at first instance, any court other than the court first seized may also, on the application of one of the parties, decline jurisdiction if the court first seized has jurisdiction over the actions in question and its law permits the consolidation thereof.
Relevant recitals
Recital 144 Coordinating related court proceedings
Where a court seized of proceedings against a decision by a supervisory authority has reason to believe that proceedings concerning the same processing, such as the same subject matter as regards processing by the same controller or processor, or the same cause of action, are brought before a competent court in another Member State, it should contact that court in order to confirm the existence of such related proceedings. If related proceedings are pending before a court in another Member State, any court other than the court first seized may stay its proceedings or may, on request of one of the parties, decline jurisdiction in favour of the court first seized if that court has jurisdiction over the proceedings in question and its law permits the consolidation of such related proceedings. Proceedings are deemed to be related where they are so closely connected that it is expedient to hear and determine them together in order to avoid the risk of irreconcilable judgments resulting from separate proceedings.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
processing
Definition
controller
Definition
processor
Definition
supervisory authority
Definition
personal data