On this page you can find more information about the current state of the procedure. New developments and documents are published as soon as this is possible. Updates can also be found on twitter (@maxschrems).
Media Update: Class Action filed (PDF) Media Update: More than 20.000 participants (PDF) Fact Sheet on the Class Action (PDF) Fact Sheet on ROLAND ProzessFinanz (PDF)
FAQs on the Class Action (Link)
5. Aug. 2014 - Referral to the Vienna Regional Court
The Viennese civil law courts are divided in a “commerical court” and a “regional court”. The “commercial court” has referred the case to the “regional court” (PDF).
13. Aug. 2014 - Delivery in German
Question by the court on the delivery in German (PDF)
Court order to respond to the lawsuit within 4 weeks (PDF)
8. Sept. to 1. Oct. 2014 - Second Delivery in English
Facebook has refused to accept the German lawsuit, despite the fact that a delivery in German is in accordance with the law (PDF). The refusal was not legal and there are reasons to believe that this refusal is part of an overall “delay tactic”, but challenging the refusal would have been more time consuming than simply sending an English translation. The English version was delivered in the first days of October:
Request for Translation & Approval (PDF)
English Translation (PDF)
Second Delivery (PDF)
6. Nov. 2014 - Formal Response to the Lawsuit by Facebook
On November 6th 2014 Facebook has filed the formal response to the lawsuit at the Viennese Court. Unfortunately we did not get permission from Facebook to publish the document. Facebook is in essence bringing forward procedural reasons why the lawsuit is (for endless reasons) not permissible. None of the reasons brought forward are surprising and we are confident that they will be dismissed.
Media Update: Facebook contests “legal competence” of users (PDF)
10. Dec. 2014 - Dates set by the Court
The court sets the dates for the next steps (PDF).
12. Jan. 2015 - Preparing Document by Plaintiff
In response to Facebook's formal response from November 6th we have filed a preparing document, outlining that none of the submissions have any merit (PDF).
Media Update: Facebook to face users in Viennese court (PDF)
10. Mar. 2015 - Final Response by Facebook
Facebook is in essence repeating procedural reasons why the lawsuit is not permissible. There is basically no word on the actual violations of the law. Facebook is in essence only targeting the jurisdiction of the court. We were not able to share the document.
9. Apr. 2015 - Initial Hearing
The court has scheduled the initial hearing for April 9. The initial hearing under Austria procedural law is only meant to clarify jurisdictional matters and to schedule the further procedure. In this case the hearing will very likely center around Facebook’s jurisdictional objections. The court will in a first step clarify the jurisdiction, but very likely through a written decision after the hearing. The protocol (PDF, in German) of the hearing details the hearing further.
Media Update: Information on the first Hearing (PDF)
30. 6. 2015 - Decision by the "Landesgericht"
The "Landesgericht" has issued its decision (PDF, in German). The court found that it has no jurisdiction in this case. It did not adress the substance of the claims.
Media Update: Information on the decision by the "Landesgericht" (PDF)
14. 7. 2015 - Appeal to the "Oberlandesgericht"
On July 14th we filed the relevant appeal against the decision by the "Landesgericht" ("Rekurs", PDF, in German) at the higher ranking "Oberlandesgericht". At the core we argue that the "Landesgericht" has made a number of false factual and legal findings to come to the conclusion that is has no jurisdiction in this case. The "Oberlandesgericht" decides without an oral hearing.
28. 8. 2015 - Response by Facebook to Appeal
On August 28th Facebook responded to our appeal against the decision by the "Landesgericht".
19. 10. 2015 - Decision by the Court of Appeal
On October 19th the Court of Appeals ("Oberlandesgericht (OLG)") accepted that Austrian Courts have jurisdiction over 20 of 22 claims submitted by the plaintiff (decision in German, PDF). The court allowed a "model case". The court has joined Facebook on the admissability of the "class action" (the remaining two claims).
Media Update: Decisions by the Court of Appeals (PDF)
2. 11. 2015 - Appeal to the Austrian Supreme Court
On November 2nd Facebook and the plaintiff have each filed an appeal to the Austrian Supreme Court. The plaintiff argues that the "class action" is admissable. Facebook continued to argue that all claims brought before the Austrian courts are not admissable. Appeal by the plaintiff (PDF, in German) and supporting experts' opinion (PDF, in German). Response of the plaintiff to Facebook's appeal (PDF, in German).
Media Update: Admissibility of “Class Action” will be decided by the Austrian Supreme Court (PDF)
12. 9. 2016 - Austrian Supreme Court refers to CJEU
Media Update: Austrian Supreme Court refers to CJEU (PDF) Decision: Reference by the Austrian Supreme Court (PDF)
19. 7. 2017 – Hearing at the CJEU
Media Update: CJEU hearing (PDF) Document: Written Submissions (German) (PDF) Document: Oral Submissions (German) (PDF)
14. 11. 2017 – Opinion of the Advocate General (AG)
Media Update: Statement on the Opinion of the AG (PDF) Document: Opinion of the AG (Link)
25. 1. 2018 – Jugement by the CJEU
Media Update: Information before the CJEU judgement (PDF)
- Decision by the CJEU
- Decision by the Austrian Supreme Court on Jurisdiction
- Further Hearings
- Ruling of the Court
- Possible Appeals