Court case 6 U 81/23 – Court Ruling (Germany, 2025)

Court Ruling
DPA LGFrankfurt11 December 2025Germany
final
ePrivacy
Court Ruling

A German court ruled that a company must pay damages for placing cookies on a user's device without consent. This decision is important because it reinforces the requirement for companies to get permission before tracking users. Small business owners should ensure they have proper consent mechanisms in place to avoid similar penalties.

What happened

The court ordered a company to pay €1,500 in damages for placing cookies on a user's device without obtaining consent.

Who was affected

The user whose device had cookies placed without their consent was affected and received compensation.

What the authority found

The court ruled that the company violated GDPR rules by not obtaining valid consent before processing personal data through cookies.

Why this matters

This case sets a precedent that companies can be held liable for damages if they fail to obtain proper consent for cookie usage, emphasizing the importance of compliance.

GDPR Articles Cited
Automatically processed
Art. 82(GDPR)
View original scraped data
Art. 82(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityOLG Frankfurt am Main
Reviewed AuthorityLG Frankfurt (Germany)

Source checks

Secondary-source text retrieved.

Review needed — 14 April 2026.

Processing notes: national law identified, amount discrepancy, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The controller placed cookies on the data subject’s terminal equipment and processed the resulting data for advertising purposes without obtaining the data subject’s consent. The personal data concerned included, in particular, the data subject’s IP address and a cookie identifier. The data subject brought an action before the Regional Court (LG Frankfurt), seeking an injunction and compensation for non-material damage. The controller argued that the data subject had knowingly triggered the processing and that the data were only processed in aggregated and pseudonymised form. The controller further contended that the data subject could have deleted the cookies from his device at any time. The Court rejected these arguments and granted an injunction and awarded damages of €1,500 to the data subject. The controller subsequently appealed the decision to the OLG Frankfurt. The Court partially upheld the lower court's decision. The court held that the controller could not rely on the fact that the data subject was technically able to delete cookies from his terminal equipment. The lawfulness of processing depends on the existence of valid prior consent, not on the data subject’s ability to mitigate the effects of unlawful processing after the fact. The Court further clarified that the burden of proof for demonstrating valid consent rests with the controller. Accordingly, the controller’s argument that the data subject had failed to show that he did not consent was dismissed as irrelevant. With regard to damages, the court found that the infringement did not result in a significant loss of control over personal data, as the data subject was aware of the processing and the personal data at issue (IP address and cookie ID) were not particularly sensitive. Nevertheless, the court held that the storage and processing of cookies for advertising purposes without consent gave rise to a feeling of being monitored, which amounted to non-material damage. Given that the impairment

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (2)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for Court case 6 U 81/23 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

11 December 2025

Authority

DPA LGFrankfurt

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified
Cookie relevance: 100%

Cite as: Cookie Fines. Court case 6 U 81/23 - Germany (2025). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: