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Bundesverband der Verbraucherzentralen und Verbraucherverbände v. Planet 49 GMBH

European Court of Justice

Case C-673/17 (2019)

Facts

Planet49 GMBH (defendant) organized a lottery on a website. When signing up for the lottery, participants had to provide their name and address. Participants were also presented with two checkboxes. The first checkbox was not prechecked. By checking that box, lottery participants agreed to let Planet49’s partners contact them for advertising and other purposes. The second checkbox was prechecked. By not unchecking this box, participants permitted Planet49 to use cookies to track their browsing on its website and to target advertising accordingly. An application was filed with the European Court of Justice, seeking a determination as to whether this type of consent was valid under European law.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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