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Germany · Geography does not establish applicable law.
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Privacy topics

Court case 1 BvR 2853/19 – Court Ruling (Germany, 2021)

Court Ruling
DPA AGGoslar14 January 2021Germany
final
Court Ruling

Privacy enforcement record

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A German court ruled that a local court wrongly denied a person's complaint about unsolicited emails. This decision is important because it emphasizes that courts must consider cases involving privacy rights seriously. The case will now be sent back for a new hearing.

What happened

A person filed a complaint after a local court dismissed his claims about unsolicited emails.

Who was affected

The individual who received the unsolicited emails was affected.

What the authority found

The court found that the local court violated the person's fundamental rights by not properly considering the case.

Why this matters

This ruling highlights the importance of addressing privacy complaints in court. It sets a precedent for how similar cases should be handled in the future.

Recorded legal citations
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.

National Law Articles
AI-identified
Article 101(1) GG
Decision AuthorityBVerfG
Reviewed AuthorityAG Goslar (Germany)

Source checks

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Automated check recorded — 20 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

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

Ruling Date

14 January 2021

Authority

DPA AGGoslar

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 BvR 2853/19 - Germany (2021). Retrieved from cookiefines.eu

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