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Case Law · Court of Justice of the European Union EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Judgment

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In that regard, the Court has repeatedly held, in particular in the light of recitals 75, 85 and 146 of the GDPR, that the mere infringement of that regulation is not sufficient to confer a right to compensation under Article 82(1) thereof. The existence of ‘damage’, material or non-material, or of ‘damage’ which has been ‘suffered’, of an infringement of that regulation and of a causal link between that damage and that infringement constitute the three cumulative conditions which are necessary and sufficient to give rise to the right to compensation. Thus, a data subject seeking compensation for non-material damage on the basis of Article 82(1) is required to establish not only the infringement of that regulation, but also that that infringement actually caused him or her such damage (see, to that effect, judgments of 4 May 2023, Österreichische Post (Non-material damage in connection with the processing of personal data), C‑300/21, EU:C:2023:370, paragraphs 32, 33, 37 and 42; of 4 October 2024, Agentsia po vpisvaniyata, C‑200/23, EU:C:2024:827, paragraphs 140 to 142; and of 4 October 2024, Patērētāju tiesību aizsardzības centrs, C‑507/23, EU:C:2024:854, paragraphs 24 and 25).

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