IP case law Court of Justice

Referral C-300/21 (Österreichische Post, 12 May 2021)

Does the award of compensation under Article 82 of Regulation (EU) 2016/679 1 (the GDPR) also require, in addition to infringement of provisions of the GDPR, that an applicant must have suffered harm, or is the infringement of provisions of the GDPR in itself sufficient for the award of compensation?

Does the assessment of the compensation depend on further EU-law requirements in addition to the principles of effectiveness and equivalence?

Is it compatible with EU law to take the view that the award of compensation for non-material damage presupposes the existence of a consequence of the infringement of at least some weight that goes beyond the upset caused by that infringement?

Case details on the CJEU website (external link)