CJEU - C-453/21 - X-Fab Dresden GmbH & Co. KG
| CJEU - C-453/21 X-Fab Dresden GmbH & Co. KG | |
|---|---|
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| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 38(3) GDPR Article 38(6) GDPR |
| Decided: | 09.02.2023 |
| Parties: | X-Fab Dresden GmbH & Co. KG |
| Case Number/Name: | C-453/21 X-Fab Dresden GmbH & Co. KG |
| European Case Law Identifier: | ECLI:EU:C:2023:79 |
| Reference from: | BAG (Germany) ECLI:DE:BAG:2021:210721.U.5AZR572.20.0 |
| Language: | 24 EU Languages |
| Original Source: | Judgement |
| Initial Contributor: | n/a |
SUMMARY NOT FINALISED YET, To be updated
English Summary
Facts
In this decision, the data subject was since 1 November 1993, an employee of X-FAB, a semiconductor foundry. He was the chairman of the workcouncil in this company. (11) Since 1 June 2015, he was also appointed as the DPO of X-FAB. However, on 1 December 2017, he was suddenly fired as DPO ath the request of the state officer for data protection of Thuringen (Germany), based on the second sentence of Article 38(3) GDPR, which states thart ....... (13).
The data subject brought action before the Gemran court of first instance, in order to be reinstated as DPO at X-FAB. The latter argued that his functions as DPO and chair of the workcouncil were imcompatible. The court of first instance and the court op appeal aggreed with the data subject. The controller appealed this at the Bundesarbeitsgericht, which reffered questions to the CJEU. (15)
Advocate General Opinion
Not applicable
Holding
With the first question, the reffering court aked the question if Article 38(3) GDPR should be interepreted in such a way that i precluded a provision in national law, which would make the dismissal of the DPO, who was also an employee, by the controller subject subject to certain conditions in this national law, irrespective if of this dismissal related to the performance of his tasks.
Comment
To be updated
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