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Case C-456/22, Gemeinde Ummendorf: Judgment of the Court (Third Chamber) of 14 December 2023 (request for a preliminary ruling from the Landgericht Ravensburg — Germany) — VX, AT v Gemeinde Ummendorf (Reference for a preliminary ruling — Protection of personal data — Regulation (EU) 2016/679 — Article 82 — Right to compensation and liability — Concept of ‘non-material damage’ — Online publication of the agenda for a municipal council meeting containing personal data — Publication without the consent of the data subjects — Claim of those data subjects seeking compensation for non-material damage)
ECLI:EU:UNKNOWN:62022CA0456
62022CA0456
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Official Journal of the European Union
Series C
C/2024/1072
(Case C-456/22, (1) Gemeinde Ummendorf)
(Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 82 - Right to compensation and liability - Concept of ‘non-material damage’ - Online publication of the agenda for a municipal council meeting containing personal data - Publication without the consent of the data subjects - Claim of those data subjects seeking compensation for non-material damage)
(C/2024/1072)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: VX, AT
Defendant: Gemeinde Ummendorf
Operative part of the judgment
Article 82(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),
must be interpreted as precluding national legislation or a national practice which sets a ‘de minimis threshold’ in order to establish non-material damage caused by an infringement of that regulation. The data subject is required to show that the consequences of the infringement which he or she claims to have suffered constitute damage which differs from the mere infringement of the provisions of that regulation.
ELI: http://data.europa.eu/eli/C/2024/1072/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.
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