Court of Appeal of Brussels - 2021/AR/74

HvB Brussel - 2021/AR/74
Court:	Court of Appeal of Brussels (Belgium)
Jurisdiction:	Belgium
Relevant Law:	Article 6 GDPR
Decided:	17.02.2021
Published:	17.02.2021
Parties:	Gegevensbeschermingsautoriteit Interactive Advertising Bureau (IAB) Europe
National Case Number/Name:	2021/AR/74
European Case Law Identifier:
Appeal from:	APD/GBA (Belgium) 01/2021
Appeal to:	Unknown
Original Language(s):	Dutch
Original Source:	Arrest van 17 Februari 2021 (in Dutch)
Initial Contributor:	Enzo Marquet

The parties reached an agreement which made any interference from the Court of Appeal of Brussels obsolete.

English Summary

Facts

The complainants, Johnny Ryan, Pierre Dewitte, Jeff Ausloos, Bruno Bidon, Panoptykon (NGO), Bits of Freedom (NGO) and La Ligue des Droits de l'Homme, filed several complaints against the Interactive Advertising Bureau Europe (IAB Europe) for various GDPR violations (including the principles of legality, transparency and fairness, minimisation and security among others). In total, 4 complaints were filed before the ADP and 5 before other data protection authorities through the IMI (Internal Market Information) system. These complaints were therefore joint into one investigation.

An interlocutory decision, changing the language of the proceedings to French was made on 08/01/2021. Some parties did not agree with this and asked the Market Court to change the language to Dutch and to use full French text (some words where not in French).

The parties reached an agreement before the Court of Appeal of Brussels (commercial section) had to render a judgement.

Holding

The parties reached an agreement which made any interference from the Market Court obsolete.

Comment

In case 26/2021, the Belgian DPA (APD/GBA) changes the language of the procedure against IAB to Dutch after its interlocutory decision 01/2021 (setting French as the procedural language) was appealed in front of the Court of Markets. The parties can still speak or write in Dutch, French and English.

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English Machine Translation of the Decision

The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.

 Court of Appeal Brussels- 2021/AR/74- p. 2





 ON:

1. AUSLOOS Jefc/o, [...], but choosing residence with his advisers Mr. DEBUSSERE Frederic

and mr. ROEX Ruben in 1000 BRUSSELS, Joseph Stevensstraat 7,
first applicant,



2. DEWITTE Pierre c/o, [...] but choosing residence with his advisers Mr. DEBUSSERE
Frederic and Mr. ROEX Ruben in 1000 BRUSSELS, JosephStevensstraat 7,

second applicant,



3. FOUNDATION FITS OF FREEDOM c/o, foundation under Dutch law, with Chamber of Commerce number 34121286,
with seat at 1013 LN Amsterdam (Netherlands) Prinseneiland 97hs, but choosing residence with her

counselors DEBUSSERE Frederic and Mr. ROEX Ruben in 1000 BRUSSELS, JosephStevensstraat 7,
third applicant,



4.RYAN Johnny c/o, [...], but choosing residence with his advisers Mr. DEBUSSERE
Frederic and Mr. ROEX Ruben in 1000 BRUSSELS, Joseph Stevensstraat7,

fourth applicant,



5.FUNDACJA PANOPTYKON c/o. foundation under Polish law, with company number0000327613,
with seat to onion. Orzechowska 4/4, 02-068 Warsaw (Poland), in the capacity of

representative of Mrs Katarzyna Szymielewicz, residing in ui. Filtrowa 64/39, 02-057
Warsaw (Poland), but choosing residence with its advisers Mr. DEBUSSERE Frederic and Mr.
ROEX Rub en in 1000 BRUSSELS, JosephStevensstraat7,

fifth applicant,



6. LIGUE DES DROITS HUMAINS V.Z.W. c/o, with registered office at 1000 Brussels, Kogelstraat 22, but
choosing residence with her counsel Mr. DEBUSSERE Frederic and Mr. ROEX Ruben in 1000
BRUSSELS, Rue Joseph Stevens 7,

sixth applicant,

all represented by their counselors mr. DEBUSSERE Frederic and mr. ROEX Ruben

lawyers, with offices at 1000 BRUSSELS, Joseph Stevensstraat7







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