Collective proceedings in form of a so-called “Sammelklage”
have recently been initiated against facebook in Austria alleging a number of
data protection violations (see writ). Law student Max Schrems who acts as the plaintiff in
the test case brought together 25,000 claimants. He seeks injunctive relief and
alleges individual damage of 500 euros. The claim is of a hybrid nature: The
European provisions on data protection apply whereas the compensation claims
have to be assessed according to the law applicable in California (as specified
in Facebook’s terms and conditions). The case is financed by a German process
financer, which – if successful – is entitled to 20 % of the proceeds. The
remaining amount less the litigation costs would be distributed to the
participants.
The case was closed at the first hearing before
the Regional Civil Court Vienna (“Landesgericht Wien”) on 9th April
which dealt with admissibility matters of the case. The judgment is expected
for May.
