Court case 4 K 252/19.GI – Court Ruling (Germany, 2019)

Court Ruling
DPA VGGieen23 October 2019Germany
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A court ruled that an insolvency administrator cannot access a company's financial records from the tax office under GDPR. The court found that the right to access is a personal right and cannot be transferred, even in insolvency cases. This decision clarifies the limits of GDPR's right of access for legal entities.

What happened

The court decided that an insolvency administrator could not use GDPR to access a company's financial records from the tax office.

Who was affected

The insolvency administrator of B. GmbH, a company undergoing insolvency proceedings.

What the authority found

The court ruled that the right to access financial records is a personal right that cannot be transferred to an insolvency administrator.

Why this matters

This ruling clarifies that GDPR's right of access is strictly personal and cannot be extended to third parties, such as insolvency administrators, which impacts how companies handle data requests in insolvency situations.

GDPR Articles Cited

Art. 15(1) GDPR
Art. 4(10) GDPR

National Law Articles

§80 Data Protection Law of Hessen (Hessisches Datenschutz- und Informationsfreiheitsgesetz)
§2a(5) German Tax Law (Abgabenordnung)
Decision AuthorityVG Gießen
Full Legal Summary
Detailed

The plaintiff was designated as insolvency administrator for the B. GmbH (a limited liability company), that was not able to communicate its financial records after the opening of the insolvency procedure. Needing those records for the procedure, the plaintiff requested that the tax office of Gießen provide him with the documents. He based his demand, amongst other grounds, on §80 of the Hessian data protection law (freedom of information) and the the right of access (Article 15 GDPR) of the debtor on its behalf. This was possible as the applicable German law expands the right to access to legal entities in this specific case. The tax office refused, arguing that the plaintiff could not be considered as the data subject concerned but only as a “third party” as defined in Article 4(10) GDPR. Can an insolvency administrator exercise the right to access on behalf of a company? The Administrative Court of Gießen ruled in favor of the tax office. The Court started by demonstrating that the debtor, a corporation, had indeed a right of access under Article 15 GDPR in all taxation matters despite not being a natural person, in accordance with §2a(5) of the Abgabenordnung (national tax law). The Court then agreed with the tax office that the plaintiff is a “third party” and pointed out that the right of access is a highly personal right which could neither be alienated nor transferred, not even in the event of the opening of an insolvency procedure. Thus, the insolvency administrator had no rightful claim against the tax office for the release of financial records of the debtor.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 4 K 252/19.GI in DE

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

Details

Ruling Date

23 October 2019

Authority

DPA VGGieen

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 4 K 252/19.GI - Germany (2019). Retrieved from cookiefines.eu

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