Meta asks CJEU to reinstate challenge to EDPB Opinion on valid consent
Meta Platforms Ireland has filed an appeal with the Court of Justice (Case C-454/25 P) against the General Court’s order of 29 April 2025 in Case T-319/24, which dismissed Meta’s action against the European Data Protection Board (EDPB). The contested measure is EDPB Opinion 08/2024, addressing valid consent in the context of consent-or-pay models used by major online platforms. Meta seeks annulment of the General Court’s procedural disposition and requests the Court of Justice to declare its claims admissible and to refer the case back for a full judgment on the merits.
Meta contends that the General Court misapplied Article 263 TFEU by adopting an overly narrow definition of what qualifies as a challengeable act, thus improperly excluding the EDPB opinion from judicial review. The company further argues that the General Court erred in its interpretation of Article 340 TFEU on non-contractual liability of the EU, dismissing Meta’s compensation claims as manifestly unfounded without sufficiently considering the legal basis for potential damages arising from the EDPB opinion.
A third plea focuses on alleged breach of the right to effective judicial protection, asserting that the General Court relied too restrictively on Article 126 of its Rules of Procedure to limit Meta’s submissions. Meta argues that this procedural restriction prevented adequate presentation of its arguments and evidence, thereby impairing its access to a full judicial review. Finally, Meta asserts that the order under appeal lacks sufficient reasoning and that the General Court applied an unduly narrow approach to the concepts of damage and causality, limiting Meta’s ability to establish a link between the EDPB opinion and the alleged losses.
Through the appeal, Meta seeks annulment of the General Court’s order, recognition that its action is admissible, reconsideration of the manifestly unfounded finding on damages, and referral back to the General Court for determination on the merits. The outcome will test judicial thresholds for reviewability of soft-law measures from EU bodies, the scope of EU non-contractual liability under Article 340 TFEU, and procedural protections for parties challenging regulatory opinions in the data protection field.
