Language of document :

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 May 2021 – UI v Österreichische Post AG

(Case C-300/21)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellant on a point of law: UI

Respondent in the appeal on a point of law: Österreichische Post AG

Questions referred

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?


1 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) (OJ 2016 L 119, p. 1).