Employee mistake not sufficient for award of non-material damages
CJEU 25 January 2024, IT 4473; ECLI:EU:C:2024:72 (Applicant v. MediaMarktSaturn) The applicant in the main proceedings purchased an electrical appliance from Saturn. For the sale of this, a credit agreement was drawn up, which required some of the applicant's personal data to be processed in Saturn's information system. Due to a mistake by an employee, another customer received the ordered appliance. However, this error was quickly discovered and resolved. As compensation, Saturn even wanted to deliver the device to the applicant's home free of charge. However, according to the applicant, this compensation was insufficient. He believes he is entitled to immaterial damages under the AVG due to the loss of control over his personal data. In the German first instance court, the claims for compensation were dismissed, and the appeal court stayed the case in order to submit preliminary questions to the Court.With its third and fourth questions, the (Machine translated)