Court case 17 U 2/24 – Court Ruling (Germany, 2024)

The data subject had an electricity contract with an electricity provider. The electricity provider’s terms and conditions included the following paragraph: “For the purpose of credit checks, the energy supplier may obtain information from credit agencies and pass on personal customer data relating to the energy supply contract to them under the conditions of § 28a BDSG.” The contract started in April 2014 and was cancelled by A due to outstanding bills in September 2014. In October 2014, the electricity provider sent an invoice to the data subject which listed a due amount of €529.16. According to the invoice, this amount included, inter alia, electricity costs, reminder charges, damages caused by delay, and a bank transfer fee. In November 2014, the debt collecting agency (the controller) reminded the data subject of the payment and added a fee for their services. In 2019, the electricity company conveyed the claim to the controller. In 2020, the controller warned the data subject about a possible transfer of their payment data to a credit rating agency. In 2021 and 2022, the controller informed the credit rating agency Schufa about the fact that the data subject had not paid. The data subject refused to pay and invoked the statute of limitations. The controller accepted this and Schufa noted it as well. Following this, the data subject was refused several contracts by different companies such as a mobile phone contract, a credit, and an insurance. The controller refused to remove the information from Schufa. Following a lawsuit filed at the Regional Court of Kiel (Landgericht Kiel – LG Kiel) the LG Kiel decided that the controller had to withdraw their information from Schufa because there was no legal basis for the processing of personal data. Furthermore, the LG Kiel held that the data subject was entitled to €500 in non-material damages under Article 82(1) GDPR. Both the controller and the data subject appealed the decision to the Higher Regional Court Schlesw