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Facebook granted ‘interim interim’ relief by the General Court

29/07/20

The European Commission is investigating conduct in relation to Facebook’s use of data and the Facebook social network platform. As part of its investigations, the Commission issued two decisions on 5 May 2020 requiring the production of documentation according to the mechanical application of wide ranging search terms.

Facebook has applied to annul the decisions and has sought interim relief suspending their application pending the resolution of the annulment applications.  Facebook's case is that the decisions will result in the production of many documents that are wholly irrelevant to the Commission’s investigation and many of which include highly private or personal information about Facebook, its officers and employees.

On 24 July 2020, the President of the General Court granted Facebook 'interim interim' relief on an ex parte basis, suspending the Commission’s decisions pending an order on the applications for interim relief.  The President's order notes that the information in question does, at first sight, not appear to have any link with the subject matter of the Commission’s investigation.

The BBC news story is here

The Financial Times article is here

The Bloomberg article is here

Daniel Jowell QC and David Bailey, instructed by James Aitken and Deba Das of Freshfields, are acting for Facebook in its actions for annulment and interim relief against the Commission’s decisions.