Updated February 4, 2022.
Wiesbaden preliminary ruling overturned
Following the preliminary ruling of the Wiesbaden Administrative Court of December 1, 2021, the appeals court Hessischer Verwaltungsgerichtshof, has agreed with the complaints submitted by Cookiebot CMP, and overturned the preliminary ruling.
The injunction against the use of Cookiebot CMP on the Hochschule Rhein Main website has been annulled. This result is final and binding.
Preliminary case closed
We were concerned that this preliminary ruling was based on an inaccurate presentation of facts and therefore intervened in order to become a formal third party to proceedings. The decision from the appeals court confirms that there was no legal basis for an injunction on the use of Cookiebot CMP on the website in question, and that this preliminary ruling was invalid.
This preliminary case is now closed, but we will be actively engaging in the main proceedings to come, and the wider data-privacy debate raised in the ruling. We want to ensure that we continue offering the best solution for our customers, and upholding our mission to protect privacy.
On December 6th 2021, the Wiesbaden Administrative Court issued a press release on a preliminary ruling centered around the use of a US-based CDN service.
We are actively investigating the issues raised in the preliminary ruling and working closely with legal advisers. Our priority is to build a sound understanding of this case and next steps, and our ultimate aim is to ensure that our customers can continue to use our solution with complete confidence.
We are concerned that the ruling is based on an inaccurate presentation of the facts. As we were not a formal party in the proceedings, we intervened and have meanwhile been granted party status. We are now able to provide further information and offer the court a more detailed and complete picture of our CMP solution and of the digital privacy landscape.
At the center of this case is the wider political issue between the EU and US on data transfers as manifested in the Schrems II ruling. Our mission is to protect privacy. Engaging in this ruling will allow us to share expert knowledge and experience with the court, which will ultimately help shape the future of the data privacy industry.