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Version status: Published
Version date: 4 July 2023 - onwards

Article 22 Referral to dispute resolution under Article 65 of Regulation (EU) 2016/679

1. If the lead supervisory authority does not follow the relevant and reasoned objections or is of the opinion that the objections are not relevant or reasoned, it shall submit the subject-matter to the dispute resolution mechanism set out in Article 65 of Regulation (EU) 2016/679.

2. When referring the subject-matter to dispute resolution, the lead supervisory authority shall provide the Board with all of the following documents:

(a) the draft decision or revised draft decision subject to the relevant and reasoned objections;

(b) a summary of the relevant facts;

(c) the preliminary findings;

(d) view made in writing by the parties under investigation, as the case may be, pursuant to Articles 14 and 17;

(e) views made in writing by complainants, as the case may be, pursuant to Articles 11, 12, and 15;

(f) the relevant and reasoned objections which were not followed by the lead supervisory authority;

(g) the reasons on the basis of which the lead supervisory authority did not follow the relevant and reasoned objections or considered the objections not to be relevant or reasoned.

3. The Board shall within four weeks of receiving the documents listed in paragraph 2 identify retained relevant and reasoned objections.