On 13 June 2023, Meta Platforms Ireland (Meta) filed an annulment action regarding the European Data Protection Board’s (EDPB) binding decision of 13 April 2023 concerning personal data transfers to the United States by Facebook. In particular, Meta claims the EDPB’s decision breaches the rule of law and fundamental rights and presented nine pleas in law in support of its request. Notably, Meta alleges that the EDPB exceeded its competence under Article 65 GDPR and infringed the right to good administration. Furthermore, Meta alleges that the EDPB failed to act as an impartial body, that the EDPB's instruction to the Irish Data Protection Commission violates several principles and provisions of the GDPR and TFEU, and that the EDPB violated Meta’s freedom to conduct a business under Art.16 of the Charter. Finally, Meta claims that the EDPB violated Meta’s right to property, its freedom to provide services, and that the EDPB violated Article 83 GDPR and the principles governing the determination of fines under the GDPR.
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