Europol Defence

Europol Litigation Before the CJEU

If Europol has denied your data access, refused erasure, or shared your information with a third country, you can challenge the decision directly before the EU's highest court.

Direct answer: A Europol decision affecting you can be challenged before the General Court under Article 263 TFEU. You have exactly two months from the day you become aware of the decision to file, and the decision must be shown to affect your specific legal position. Most cases require exhausting Europol's internal remedies first — a complaint to the Data Protection Officer, then to the EDPS — before litigation becomes necessary.
The Process

How a CJEU Challenge Actually Proceeds

1

Pre-Litigation Complaint

Most cases require a written complaint to Europol's Data Protection Officer, then the EDPS, before litigation becomes necessary.

2

Strict Two-Month Deadline

The application for annulment must be filed within two months of the contested decision becoming known to you — an absolute bar if missed.

3

Written Procedure

The case proceeds through an exchange of written submissions — application, defence, reply, and rejoinder — typically over four to eighteen months.

4

Costly and Lengthy

There are no court fees, but legal representation is mandatory and not covered by the Court, and cases can take years to resolve.

Frequently Asked

Common Questions

How strict is the two-month deadline?

Very — late filing is an absolute bar to the action under Article 263 TFEU, with no exceptions for missed deadlines.

Do I need a lawyer for CJEU proceedings?

Yes — representation is mandatory, though there are no court fees; legal aid may be available.

Can I claim compensation, not just annulment of a decision?

A separate non-contractual liability action can, in appropriate cases, be pursued alongside or instead of an annulment action.

Facing a Time-Sensitive Europol Decision?

The two-month deadline does not wait. Speak with us immediately.