48. Fourthly, the length of any adjournment of the domestic proceedings is likely to be short. This is because there is a reasonable prospect of the EU proceedings being disposed of peremptorily in a relatively short period of time. The EU proceedings might be dismissed as inadmissible, without there being any consideration of the substantive legal issues in relation to the GDPR.
Conclusion and proposed form of order
49. The statutory appeal and the judicial review proceedings will be adjourned generally to await the outcome of the WhatsApp proceedings currently pending before the CJEU. The parties have liberty to apply.
50. As to the costs of the case management motion, my provisional view is that Meta, having been successful in its application, is entitled to recover the costs of the motion as against the DPC. The matter will be listed on 30 May 2024 at 10.30 o'clock for submissions, if any, on the form of order.
Appearances
Andrew Fitzpatrick SC, Caren Geoghegan SC and Andrea Mulligan for the appellant instructed by A & L Goodbody LLP
Catherine Donnelly SC, David Fennelly and Cillian Bracken for the respondent instructed by Philip Lee LLP
BAILII: