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of Regulation (EU) 2016/679 or its single establishment in the European Union, as referred
to in Article 56 (1) of Regulation (EU) 2016/679. Article 56 (1) in conjunction with Article 4 no.
16 of Regulation (EU) 2016/679 shall apply accordingly within the Federal Commissioner’s
area of responsibility. If there is no agreement on determining the lead supervisory authority,
the procedure described in Section 18 (2) shall be applied accordingly.
(2) The supervisory authority with which a data subject has lodged a complaint shall forward
the complaint to the lead supervisory authority referred to in subsection 1; in the absence of
such a lead supervisory authority, the complaint shall be forwarded to the supervisory
authority of a Land in which the controller or processor has an establishment. If a complaint
is lodged with a supervisory authority which is not responsible for the matter, this authority
shall forward the complaint to the supervisory authority where the applicant resides, if it is
not possible to forward the complaint as referred to in the first sentence. The receiving
supervisory authority shall be regarded as the supervisory authority according to Chapter VII
of Regulation (EU) 2016/679 with whom the complaint was lodged, and shall fulfil the
obligations referred to in Article 60 (7) to (9) and Article 65 (6) of Regulation (EU) 2016/679.
Within the Federal Commissioner’s area of responsibility, the supervisory authority which
received a complaint shall forward it to the Federal Commissioner, if it is not possible to
forward the complaint as referred to in subsection 1.
Chapter 6
Legal remedies
Section 20
Judicial remedy
(1) Recourse to the administrative courts shall be provided for disputes between natural or
legal persons and a supervisory authority of the Federation or a Land concerning rights
according to Article 78 (1) and (2) of Regulation (EU) 2016/679 and Section 61. The first
sentence shall not apply to administrative fine proceedings.
(2) The Code of Administrative Court Procedure shall be applied in compliance with
subsections 3 to 7.
(3) For proceedings pursuant to subsection 1, first sentence, the administrative court in
whose district the supervisory authority is located shall be locally competent.
(4) In proceedings pursuant to subsection 1, first sentence, the supervisory authority shall be
competent to take part.
(5) Parties to proceedings pursuant to subsection 1, first sentence, shall be
1.
the natural or legal person as plaintiff or applicant, and
2.
the supervisory authority as defendant or respondent.
Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain
unaffected.
(6) No preliminary proceedings shall take place.
(7) With respect to an authority or its legal entity, the supervisory authority shall not order
immediate execution in accordance with Section 80 (2), first sentence, no. 4 of the Code of
Administrative Court Procedure.
Section 21
Application of the supervisory authority for a court decision if it believes that an
adequacy decision by the European Commission violates the law
(1) If a supervisory authority believes that an adequacy decision of the European
Commission or a decision on the recognition of standard protection clauses or on the
general validity of approved codes of conduct, on the validity of which a decision of the
supervisory authority depends, violates the law, the supervisory authority shall suspend its
procedure and lodge an application for a court decision.
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