Commission v. Germany and the independence of Supervisory Authorities

C-518/07, COMMISSION V. GERMANY, 9.Mar.2010 (“GERMANY”)

This is a seminal case for the principle of independence of supervisory authorities. The ECJ held that requiring independence did not infringe the principle of democracy or the principle of conferred powers and that state supervision was incompatible with independence.

The law implementing the EU Data Protection Directive in Germany identified a different Supervisory Authority depending on whether the processing was carried out by public bodies.

The EU Commission initiated infringement procedure against Germany requesting the CJEU to declare that, by making the authorities responsible for monitoring the processing of personal data outside the public…

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