Court case 1 BvR 2853/19 – Court Ruling (Germany, 2021)
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.
Germany's Constitutional Court found that the Goslar Local Court violated a person's rights by not considering a preliminary ruling from the CJEU on a GDPR compensation claim. This case underscores the importance of following proper legal procedures.
What happened
The Goslar Local Court denied a GDPR compensation claim without seeking a preliminary ruling from the CJEU.
Who was affected
An individual who filed a GDPR compensation claim for an unsolicited email.
What the authority found
The Constitutional Court ruled that the Goslar Local Court violated the complainant's rights by not referring the case to the CJEU.
Why this matters
This ruling stresses the importance of courts following legal procedures, especially in GDPR cases. It may influence how lower courts handle similar claims in the future.
GDPR Articles Cited
National Law Articles
A data subject filed constitutional complaint because the AG Goslar (Goslar Local Court) denied his claims under Article 82 GDPR because of an unsolicited email. Because he only claimed 500 EUR as compensation, the Goslar Local Court was the regular last instance under German law. The Goslar Local Court denied the preliminary ruling from the CJEU. Was the Goslar Local Court obliged to hear the CJEU for a prelimary ruling? The judgment of the Goslar Local Court of 27 September 2019 - 28 C 7/19 - violates the complainant's fundamental right under Article 101(1) sentence 2 of the Basic Law. The judgment is set aside. The matter is referred back to the Goslar Local Court for a new hearing and decision. This renders the order of the Goslar Local Court of 11 November 2019 - 28 C 7/19 - irrelevant.
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 BvR 2853/19 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 1 BvR 2853/19 - Germany (2021). Retrieved from cookiefines.eu
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