- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case AN 14 K 19.01313 – Court Ruling (Germany, 2023)
Privacy enforcement record
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A court ruled that the Bavarian DPA failed to respond to a person's complaint in a timely manner, which is a violation of their rights. The court decided that the DPA must cover the costs of the legal action because they did not act within the required timeframe. This ruling reinforces the importance of timely responses from data protection authorities.
What happened
The Bavarian DPA did not respond to a person's complaint about a data controller within the legally required three months.
Who was affected
The person who filed the complaint with the Bavarian DPA.
What the authority found
The court held that the DPA's lack of response constituted a failure to act, making them liable for the costs of the procedure.
Why this matters
This ruling highlights that data protection authorities must respond promptly to complaints. It sets a precedent that could lead to greater accountability for DPA actions.
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Automated check recorded — 20 March 2026.
Processing notes: national law identified.
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The data subject lodged a complaint against a controller with the Bavarian DPA via email. The DPA never reacted to such an email. Therefore, the data subject brought an action against the DPA, lamenting that the latter did not take into consideration their original complaint within the legally established term of three months. Eventually, the DPA took action, examined the data subject’s complaint and rejected it for lack of any GDPR violation. The data subject accepted the merit of the decision and withdrew its principal legal action but also asked the DPA to bear the costs of the procedure. In the data subject’s view, the DPA’s lack of response still amounted to a failure to act for which the DPA was liable. The DPA refused to pay the costs arguing that the data subject’s email was not a complaint within the meaning of Articles 77 or 78 GDPR, as no GDPR violation by the controller was argued. Thus, the procedure continued exclusively with regard to the costs. The Administrative Court of Ansbach (Verwaltungsgericht Ansbach – VG Ansbach) upheld the data subject’s view. According to the court, the email sent to the DPA amounted to a complaint pursuant to Article 77 GDPR. The right to an effective remedy implies that the procedural requirements to file a complaint with a supervisory authority shall not be interpreted too strictly. The lack of response within the legally established term of three months in turn entailed a liability pursuant to Article 78(2) GDPR. The DPA did not show any compelling reason for which the decision was delayed. According to the court, informing a data subject pursuant to Article 78(2) GDPR is not a particularly high standard to meet. The court completely disregarded the outcome of the complaint on the merits. As the data subject had withdrawn its action, the main procedure was discontinued. However, the court ordered the DPA to bear the costs, applying a provision of German national law (§ 161(3) VwGO) by analogy.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case AN 14 K 19.01313 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case AN 14 K 19.01313 - Germany (2023). Retrieved from cookiefines.eu
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