Supreme Administrative Court: Cross-border inactivity is not always egregious
The judgment of the Supreme Administrative Court (NSA) of 18 September 2026, the full text of which is available in our Judykatura database, clarifies the limits of classifying a supervisory authority’s inactivity as an egregious infringement of the law. The Court held that even failure to meet the time limit under Article 78(2) GDPR cannot be assessed without regard to the cooperation mechanism between supervisory authorities in a cross-border case.
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