StWL Städtische Werke Lauf a.d. Pegnitz GmbH – CJEU Judgment (Germany, 2021)

CJEU Judgment
Court of Justice of the European Union1 January 2021Germany
final
ePrivacy
CJEU Judgment

The Court of Justice of the European Union decided that showing ads in email inboxes without user consent is illegal. This matters because it clarifies that even random ads need user approval, impacting how companies advertise online. The ruling emphasizes the need for clear consent before sending marketing emails.

What happened

The Court of Justice ruled that inbox advertising without user consent is unlawful under the ePrivacy Directive.

Who was affected

Email users who received unsolicited advertisements in their inboxes without giving prior consent.

What the authority found

The Court held that inbox advertising requires free, specific, and informed consent from users, as per the ePrivacy Directive.

Why this matters

This decision highlights the importance of obtaining user consent for all forms of electronic marketing, not just traditional emails. Companies should ensure they have clear consent mechanisms in place to avoid legal issues.

GDPR Articles Cited

Art. 5(3) ePrivacy Directive GDPR
Decision AuthorityCJEU
Reviewed AuthorityBGH (Germany)
Full Legal Summary
Detailed

The case involved inbox advertising by eprimo without obtaining prior user consent, violating ePrivacy Directive requirements.

Outcome

CJEU Judgment

A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.

Violations (2)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Cases (0)

No other cases found for StWL Städtische Werke Lauf a.d. Pegnitz GmbH in DE

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

Details

Judgment Date

1 January 2021

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. StWL Städtische Werke Lauf a.d. Pegnitz GmbH - Germany (2021). Retrieved from cookiefines.eu

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