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Court case 1 K 12737/25 – Court Ruling (Germany, 2026)

Court Ruling
DPA VGStuttgart14 July 2026Germany
final
Court Ruling

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A German court ruled that a North Macedonian resident's alert for refusal of entry was invalid. The court found that the person's situation had changed, and the alert was no longer justified. This decision highlights the importance of accurate data and the need for timely updates in official records.

What happened

The Stuttgart Administrative Court ordered the deletion of an alert preventing a North Macedonian resident from entering Germany.

Who was affected

A North Macedonian resident who had been banned from entering Germany was affected by the alert.

What the authority found

The court ruled that the alert was based on inaccurate data and violated GDPR's requirement for data accuracy and proportionality.

Why this matters

This ruling emphasizes that authorities must keep personal data accurate and up-to-date, which is crucial for individuals facing restrictions. It serves as a reminder for organizations to regularly review their data management practices.

Recorded legal citations
Automatically processed
Art. 17(1) GDPR
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Art. 17(1) GDPR

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

Decision AuthorityVG Stuttgart

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Secondary-source text retrieved.

Automated check recorded — 5 August 2026.

Processing notes: authority corrected.

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Full Legal Summary
Detailed

A resident of North Macedonia (the data subject) was expelled from German territory in September 2021, and a two-year ban on entry and residence was imposed on him. The data subject subsequently re-entered German territory without a visa in December 2024 and travelled back to North Macedonia in July 2025. A federal police directorate (the controller) assumed that the data subject had violated the ban on entry and residence. The controller determined that the data subject posed a threat within the meaning of [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1861-20210803 Article 24(2) of Regulation (EU) 2018/1861], ordered an alert for refusal of entry and stay, and entered it into the Schengen Information System (SIS) in August 2025. The data subject filed a lawsuit with the Stuttgart Administrative Court in October 2025, requesting that the controller be ordered to delete the alert and alternatively to correct it or to impose a time limit on it. The court held that the lawsuit was admissible and well-founded and ordered the controller to delete the alert for refusal of entry and stay from the SIS pursuant to [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1861-20210803 Articles 53(1), 24(1) and (2) of Regulation (EU) 2018/1861] in conjunction with Article 17(1) GDPR. In the present case, the personal data of the data subject was inaccurate as the requirements for the alert were no longer fulfilled: the court held it could not be assumed that the data subject’s presence on German territory posed a threat to public order or security. In addition, the court referred to the principle of proportionality and pointed out that alerts may not be stored in the SIS for longer than necessary. The data subject had clearly changed his behaviour by marrying a German citizen and filing a visa application for family reunification since his expulsion from Germany. Therefore, the court held that the grounds for erasure laid down in Article 17(1)(a) and (d) GDPR were applicable.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 1 K 12737/25 in DE

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

Details

Ruling Date

14 July 2026

Authority

DPA VGStuttgart

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 1 K 12737/25 - Germany (2026). Retrieved from cookiefines.eu

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