Posts tagged #immaterial damage

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ECJ Considers Immaterial Damages under GDPR

European Law 

Article 82 of the GDPR is not punitive, but compensatory. Compensation in money should be a full compensation for the actual damage suffered. The plaintiff was the purchaser of an electrical household appliance in the defendant’s store. The plaintiff...

OGH: Legal Protection Coverage for Data Breaches

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that even non-material damages may be covered by a legal expenses insurance policy under the General Conditions for Legal Expenses Insurance 2017 (Allgemeine Bedingungen...

OGH: Materiality threshold in case of potential immaterial damages

Civil Law 

In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of when the materiality threshold for an interim injunction under Section 381 number 2 second case of the Enforcement Order (EO) is overcome in the ca...

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