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Article 78: Right to an effective judicial remedy against a supervisory authority

Praxikon tracks Article 78 (Right to an effective judicial remedy against a supervisory authority) under the GDPR, alongside the EU AI Act, citing the source for every statement.

Chapter VIIIIn force since 25-05-2018

Official text

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Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.
Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77.
Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.

Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.

Cross-references

Art. 77: Right to lodge a complaint with a supervisory authority

More case law, guidelines and fines

In addition to the overview at the bottom of this page: rulings, guidelines and fines that interpret or apply this article, newest first. Each item was checked against the official source.

Case law (2)

  • 7 December 2023 · C-26/22, C-64/22 · CJEU
    SCHUFA (debt discharge)

    A credit agency may not keep data on a debt discharge longer than the public register does. A supervisory authority's decision on a complaint is subject to full judicial review.

  • 12 January 2023 · C-132/21 · CJEU
    BE v Nemzeti Adatvédelmi és Információszabadság Hatóság

    A complaint to the supervisory authority and court proceedings against the controller can run concurrently and independently. Member States set the rules to avoid conflicting outcomes.

Guidelines and decisions (1)

Checked on 5 November 2026

← Art. 77: Right to lodge a complaint with a supervisory authorityArt. 79: Right to an effective judicial remedy against a controller or processor →

Connections

What connects to Article 78 GDPR

Case law