# C_2023216EN.01000601.xml

| 19.6.2023 | EN | Official Journal of the European Union | C 216/6 |
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19.6.2023

EN

Official Journal of the European Union

C 216/6

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Judgment of the Court (Third Chamber) of 4 May 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — UI v Österreichische Post AG

(Case C-300/21, (1) Österreichische Post (Non-material damage resulting from unlawful processing of data))

(Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 82(1) - Right to compensation for damage caused by data processing that infringes that regulation - Conditions governing the right to compensation - Mere infringement of that regulation not sufficient - Need for damage caused by that infringement - Compensation for non-material damage resulting from such processing - Incompatibility of a national rule making compensation for such damage subject to the exceeding of a threshold of seriousness - Rules for the determination of damages by national courts)

(2023/C 216/07)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: UI

Defendant: Österreichische Post AG

Operative part of the judgment

| 1. | 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 meaning that the mere infringement of the provisions of that regulation is not sufficient to confer a right to compensation. |
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1.

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 meaning that the mere infringement of the provisions of that regulation is not sufficient to confer a right to compensation.

| 2. | Article 82(1) of Regulation 2016/679
  must be interpreted as precluding a national rule or practice which makes compensation for non-material damage, within the meaning of that provision, subject to the condition that the damage suffered by the data subject has reached a certain degree of seriousness. |
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2.

Article 82(1) of Regulation 2016/679

must be interpreted as precluding a national rule or practice which makes compensation for non-material damage, within the meaning of that provision, subject to the condition that the damage suffered by the data subject has reached a certain degree of seriousness.

| 3. | Article 82 of Regulation 2016/679
  must be interpreted as meaning that for the purposes of determining the amount of damages payable under the right to compensation enshrined in that article, national courts must apply the domestic rules of each Member State relating to the extent of financial compensation, provided that the principles of equivalence and effectiveness of EU law are complied with. |
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3.

Article 82 of Regulation 2016/679

must be interpreted as meaning that for the purposes of determining the amount of damages payable under the right to compensation enshrined in that article, national courts must apply the domestic rules of each Member State relating to the extent of financial compensation, provided that the principles of equivalence and effectiveness of EU law are complied with.

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(1)  OJ C 320, 9.8.2021.

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