Court case W252 2307842-1 – Court Ruling (Austria, 2025)

Court Ruling
Datenschutzbehörde26 August 2025Austria
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 in Austria dismissed a person's complaints against multiple companies for data protection violations, stating the complaints were excessive and abusive. This ruling is important because it shows that complaints must be made in good faith and not as a means of personal attack. Businesses can take note that they can challenge abusive complaints.

What happened

A person filed twenty complaints against various companies alleging GDPR violations, but the complaints were deemed excessive and abusive.

Who was affected

The person who filed the complaints and the twelve companies that were accused of violating GDPR rights.

What the authority found

The court upheld the Austrian Data Protection Authority's decision to refuse processing the complaints due to their abusive nature.

Why this matters

This case sets a precedent that not all complaints will be accepted, especially if they are seen as retaliatory. Companies can defend themselves against unfounded claims.

GDPR Articles Cited

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Art. 57(GDPR)

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Decision AuthorityBVwG
Reviewed AuthorityDSB (Austria)
Source verified 19 March 2026
articles corrected
national law identified
authority corrected
verified correct
Full Legal Summary
Detailed

A data subject filed twenty data-protection complaints between April 2021 and August 2024 against twelve different controllers, alleging violations of the GDPR rights to access, confidentiality, erasure, rectification, and restriction of processing. These complaints were submitted as free-form email attachments rather than using the authority’s structured form, and they consistently contained accusatory, hostile, and often insulting language toward the controllers and toward the Austrian Data Protection Authority (DSB). In many of the complaints, the data subject claimed that access requests had been ignored or incompletely answered, that deletion requests were not fulfilled, or that data had been unlawfully processed or disclosed. Also, the data subject frequently used derogatory expressions combined the GDPR allegations with extensive personal attacks, and repeatedly demanded “as high penalties as possible.” The DSB refused to process the complaints, arguing that the complaints were excessive, abusive, and not genuinely aimed at protecting GDPR rights. The data subject further appealed this refusal to the Federal Administrative Court (BVwG). The court dismissed the complaint and held that the DSB lawfully refused to process the twenty complaints under Article 57(4) GDPR on the ground that they constituted excessive and abusive requests. The Court emphasized that, under CJEU case law, supervisory authorities may refuse to act when complaints are objectively abusive, particularly when the data subject’s dominant intent is unrelated to GDPR-protected purposes. Although a mere quantity of complaints cannot be the sole basis for refusal, the data subject’s pattern, combined with clearly retaliatory and hostile motives, satisfied the requirement of proving misuse. The Court found that the data subject used GDPR procedures as a means of personal confrontation, not to vindicate data-protection rights, and thus his conduct fell squarely within “excessive” and “abusive”

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case W252 2307842-1 in AT

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

Details

Ruling Date

26 August 2025

Authority

Datenschutzbehörde

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Court case W252 2307842-1 - Austria (2025). Retrieved from cookiefines.eu

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