Court case V ZB 90/25 – Court Ruling (Germany, 2026)

A prospective bidder in a compulsory auction wanted to find out who owned the property being sold and filed a request to inspect certain files with a court (the controller). The court of first instance granted them access to the files on the condition that the names and addresses of involved parties mentioned in the files (the data subjects) as well as previously deleted land register entries would be redacted from the document. The prospective bidder appealed this decision. The appeals court held that granting access to personal data contained in the documents was precluded by national law. The prospective bidder then appealed further to the Federal Court of Justice, which also examined whether their right to inspect documents was restricted by the provisions of the GDPR. The Federal Court of Justice overturned the appealed decision. It held that the controller had to grant access to the files without redacting the personal data of potential contacts, shareholders, and creditors of rights remaining in force contained in them. The right to inspection of files followed from national law. The court held that providing access to the files without first redacting the personal data of the data subjects did not infringe the GDPR. The processing by the court granting access to the files was covered by the legal basis in Article 6(1)(e) GDPR, as it was necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The basis for the processing was also laid down by Member State law within the meaning of Article 6(3)(b) GDPR. The national provisions about the right to inspection of compulsory auction files was proportionate to the aim pursued within the meaning of Article 6(3) GDPR: first, the right to access was limited to certain parts of the file. Second, the court pointed out that providing access to the unredacted files helps bridge the information gap among prospective bidders and opens the possibility of a private sale. In addition, the court emphasised that recipients of case files in compulsory auction proceedings may not disclose the contents of the files publicly or make them available to third parties.