Judgment
Full text
May 2020, the court of first instance ordered Quirin Privatbank to refrain from the actions referred to in the application and to pay the applicant in the main proceedings damages of EUR 1 000, plus interest. Quirin Privatbank appealed against that judgment. 26 By judgment of 2 March 2022, the Oberlandesgericht Frankfurt (Higher Regional Court, Frankfurt, Germany) varied that judgment in part. It held that the applicant in the main proceedings was entitled, under Article 17(1) of the GDPR, to require Quirin Privatbank to refrain in the future from processing his personal data in a form similar to that of the message at issue and that there was a risk of recurrence in that regard. On the other hand, it dismissed the claim for damages under Article 82 of that regulation, on the grounds that there had indeed been an infringement of the rules on the protection of personal data, as a result of the transmission of such data to an uninvolved third party, but that evidence of specific harm had not been provided by the applicant in the main proceedings and, even if he had experienced humiliation, it could not be classified as non-material damage.