On 12 August 2024, the action brought by Meta Ireland against the European Data Protection Board of 27 June 2024 was published. The company asks to annual ‘Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms adopted under Article 64(2) GDPR’ and to be compensated for the damages caused by this Opinion as well as the costs of the proceedings. Its allegation includes (i) the illegality and inapplicability of Article 64(2) GDPR according to Article 277 Treaty on the Functioning of the EU, (ii) the violation of the Opinion against Article 19(1) Treaty of EU by misinterpreting the judgement in Case C-252/21 and Articles 16, 20, 41(1), 41(2)(a), and 52(1) of the Charter of Fundamental Rights of the EU by failing to strike a fair balance between conflicting fundamental rights, to comply with principle of equal treatment, to act as an impartial body and to respect the right to be heard of Meta, and by introducing a novel and incoherent obligation not provided by the GDPR, respectively. 

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C_202404865