I refer to the judgment dated 5th March 2024 issued by the Court of Justice of the European Union regarding the compensation claim brought by Mr Marian Kočner against Europol.
Mr Kočner, a Slovak businessman sought €100,000 in compensation for alleged non-material damage resulting from the unlawful processing of his data by Europol.
However, the General Court dismissed his action in a judgment dated 29 September 2021. The General Court found that Mr Kočner failed to establish a causal link between the alleged damage and Europol’s conduct. Additionally, it was determined that Mr Kočner did not provide evidence that the ‘so-called mafia lists’ were drawn up and maintained by Europol.
Following this decision, Mr Kočner has appealed the ruling to the Court of Justice. In its judgment, the Court of Justice emphasized that EU law establishes rules that hold Europol and the Member State responsible for damages resulting from unlawful data processing in their cooperative efforts.
This case highlights the importance of adherence to data protection laws and the accountability of law enforcement agencies in handling sensitive information. The Court of Justice’s decision underscores the need for transparency and compliance with legal standards in data processing activities.
In the following article, we will elaborate how this case highlights the importance of adherence to data protection laws.