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Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council article 52 CELEX: 32024R1358 Liability
1. Any person who, or Member State which, has suffered material or non-material damage as a result of an unlawful processing operation or any other act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered, or from eu-LISA if it is responsible for the damage suffered and in so far as it has not complied with obligations on it pursuant to this Regulation specifically directed to it or where it has acted outside or contrary to lawful instructions of that Member State. The Member State responsible or eu-LISA shall be exempt from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage. 2. If any failure of a Member State to comply with its obligations under this Regulation causes damage to Eurodac, that Member State shall be held liable for such damage, unless and in so far as eu-LISA or another Member State failed to take reasonable steps to prevent the damage from occurring or to minimise its impact.. |
Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council article 52 CELEX: 32024R1358 3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 of this Article shall be governed by the provisions of national law of the defendant Member State in accordance with Articles 79 and 80 of Regulation (EU) 2016/679 and Articles 54 and 55 of Directive (EU) 2016/680. Claims for compensation against eu-LISA for the damage referred to in paragraphs 1 and 2 of this Article shall be subject to the conditions provided for in the Treaties. |