Dresden Court: Meta's data collection illegal, no appeal to Federal Court

Meta Platforms must pay four Saxon Instagram or Facebook users €1,500 each in damages because the data group unlawfully collects personal data via countless third-party websites and apps. The Dresden Higher Regional Court ruled this on Tuesday in four parallel proceedings (including file no. 4 U 292/25, available to the editorial team). These are the first legally binding decisions of this kind in Germany. In Austria, there is already a relevant ruling by the Austrian Supreme Court (OGH) against Meta's personalized advertising and data collection on third-party sites.

To this end, Meta uses its so-called Meta Business Tools worldwide. However, the Higher Regional Court is prohibiting Meta from collecting data on the plaintiffs on third-party sites and apps with immediate effect. The four rulings refer to the EU's General Data Protection Regulation (GDPR) and relevant decisions of the European Court of Justice (ECJ).

Particularly detrimental to Meta's position is that the Higher Regional Court is excluding an appeal to the Federal Court of Justice (BGH) because the legal situation is so clear. Although German regional courts have ruled differently –, not least because the Higher Regional Court had to overturn the Dresden Regional Court's ruling in Meta's favor, file no. 3 O 2035/23 –, there are no two legal opinions among German higher regional courts on the matter. Differences would exist at most in factual situations, which the BGH, however, does not have to deal with.

Legally, the 4th Senate of the Dresden Higher Regional Court considers the matter to be settled. It refers to both ECJ decisions and a specific ruling by the Munich Higher Regional Court (file no. 14 U 1068/25e – not published, but available to the editorial team). In December, the 14th Senate of the Munich Higher Regional Court awarded a Bavarian woman only €750 due to the data harvesting by Meta Business Tools and allowed an appeal to the BGH, which Meta has also utilized.

Damages in the midfield

The Dresden court, with its ruling (file no. 4 U 292/25), therefore goes a step further. The typical internet user with a Meta account is thus entitled to €1,500, and Meta is not allowed to appeal to the BGH. Meta can contest the latter at the BGH. Such non-admission complaints constitute the lion's share of all BGH proceedings but are rarely successful. However, the BGH will deal with Meta's appeals against the aforementioned (and some other, parallel) Munich rulings.

Meanwhile, around ten thousand lawsuits by German internet users against Meta Platforms for data protection violations are likely pending. The Berlin law firm BK Baumeister & Kollegen is leading the way, representing more than 7,000 plaintiffs with legal protection insurance, before all 120 regional courts. Less than half of these cases have been decided in the first instance, of which about 60 percent were against Meta and about 40 percent for Meta.

Not so in Saxony and Saxony-Anhalt: there, the regional courts have so far ruled in favor of Meta, with the famously known exception of the Leipzig Regional Court. In July, it imposed a "minimum compensation of €5,000 (for) the general impact (on) an attentive and understanding 'average' affected Facebook user" (not legally binding).

Avalanche danger

Lawyer Max Baumeister assumes that Saxon regional courts will now change their ruling practice. In Leipzig, there may be lower damages in the future, but Meta's position before the Free State's regional courts has worsened. The turning point was already evident in the oral hearing at the beginning of December: "The judges really put Meta's lawyers on the spot," Baumeister told heise online. In the near future, the Naumburg Higher Regional Court in Saxony-Anhalt and another Munich Higher Regional Court Senate are expected to rule.

If they follow their Dresden colleagues, this could trigger an avalanche of new lawsuits and rulings against Meta. Not least, legal protection insurances that have so far refused cost coverage for lawsuits against Meta will run out of arguments.

heise online asked Meta how it has changed its business practices there following the Austrian OGH ruling and whether Meta will adapt its Business Tools in the European Economic Area or just in Germany in light of the Dresden ruling. An answer is still pending.

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