The German Federal Constitutional Court has ruled the Court of Justice of the European Union needs to clarify if the EU General Data Protection Regulation provides for a materiality threshold for GDPR damage claims.
The Federal Constitutional Court’s decision overturns a judgment of the Goslar Local Court of Sept. 27, 2019, regarding the unlawful sending of an advertising email. The Local Court had held that the plaintiff had not suffered any compensable damage under Article 82 of the GDPR. The damage suffered by the plaintiff had not exceeded the materiality threshold in this matter.
The plaintiff subsequently filed a constitutional complaint with the Federal Constitutional Court, arguing the Local Court should have made a submission to the CJEU for a preliminary ruling under Article 267 of the Treaty of the European Union.