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EU AI Act - Right to Lodge Complaint and Effective Judicial Remedy (Articles 87-88)

EU AI Act (Regulation 2024/1689) Articles 87-88 establish procedural rights enabling natural persons to challenge AI systems that may violate the…

What EU AI Act - Right to Lodge Complaint and Effective Judicial Remedy (Articles 87-88) requires

EU AI Act (Regulation 2024/1689) Articles 87-88 establish procedural rights enabling natural persons to challenge AI systems that may violate the Regulation; Article 87 - right to lodge a complaint: any natural person, organisation, association or body mandated in accordance with Union or national law shall have the right to lodge a complaint with the relevant national competent authority (market surveillance authority) against AI system providers or deployers that they believe to be in breach of the EU AI Act; the national competent authority must acknowledge the complaint and follow up in accordance with Article 74 market surveillance powers; for complaints against GPAI model providers, the complaint should be addressed to the European AI Office; Article 88 - right to an effective judicial remedy against a national competent authority: persons affected by a national competent authority's decision have the right to an effective judicial remedy before a national court; Member States must ensure that any person whose rights have been adversely affected by a decision of a national competent authority has access to a court or tribunal for review; Article 88(3) - proceedings against providers or deployers may be brought before competent courts in the Member State where the provider or deployer has an establishment or where the affected natural person has their habitual residence; Article 87 complaint rights apply from 2 August 2026 per Article 113(3); the EU AI Act does not create direct private rights of action against providers for non-compliance - enforcement is through national competent authorities; however, individuals affected by prohibited AI practices may have direct claims under GDPR, national tort law, or the EU AI Liability Directive.

Pillar: AI Governance & Law · Authority: European Parliament and Council of the EU · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689

SHA-256 integrity: fb4e804bed764b6756cebda081e34e032c22dbc85832a1748b8df68972b3b247

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