35
15039/15
VH/np
189
ANNEX
DGD 2C
LIMITE
EN
2.
Where proceedings concerning the same subject matter as regards processing of the same
controller or processor are pending in a court in another Member State, any competent court
other than the court first seized may suspend its proceedings.
2a. Where these proceedings are pending at first instance, any court other than the court first
seized may also, on the application of one of the parties, decline jurisdiction if the court first
seized has jurisdiction over the actions in question and its law permits the consolidation
thereof.
Article 77
Right to compensation and liability
1.
Any person who has suffered material or immaterial damage as a result of an infringement of
the Regulation shall have the right to receive compensation from the controller or processor
for the damage suffered.
2.
Any controller involved in the processing shall be liable for the damage caused by the
processing which is not in compliance with this Regulation. A processor shall be liable for the
damage caused by the processing only where it has not complied with obligations of this
Regulation specifically directed to processors or acted outside or contrary to lawful
instructions of the controller.
3.
A controller or processor shall be exempted from liability in accordance with paragraph 2 if it
proves that it is not in any way responsible for the event giving rise to the damage.
4.
Where more than one controller or processor or a controller and a processor are involved in
the same processing and, where they are, in accordance with paragraphs 2 and 3, responsible
for any damage caused by the processing, each controller or processor shall be held liable for
the entire damage, in order to ensure effective compensation of the data subject.