Tag-Archiv: ECJ

Is this already a „damage“ or just a „feeling“? – ECJ fails to give an answer

After yesterday’s ECJ ruling on „Österreichische Post“, virtually everything remains unclear for (judicial) practice. The labor and civil courts have not received any useful guidance from the ECJ to separate the chaff (no harm) from the wheat (harm). Yes, there is no „materiality threshold“. Even „insignificant“ ones have to be compensated according to Art. 82 […]

Right to forget: Federal Constitutional Court strengthens freedom of communication in Germany and contradicts CJEU

Yesterday, the Federal Constitutional Court (BVerfG) published two decisions on the „Right to Forget“ (BVerfG of 6 November 2019 – case 1 BvR 16/13, Right to Forget I, and case 1 BvR 276/17 – Right to Forget II). These decisions are remarkable in many respects, not the least because the standards of the BVerfG for a delisting claim […]