Graf & Pitkowitz has persuaded the European Court of Justice to dismiss a class action brought against its client, Facebook, by Austrian lawyer and anti-Facebook activist Maximilian Schrems.
Schrems is an author and privacy activist who campaigns against Facebook on data protection and privacy grounds. Graf & Pitkowitz describes the CJEU's decision is "significant, as it stopped at the outset what could potentially have become the largest Austrian class action."
G&P was previously successful for Facebook Ireland Ltd. in the courts of first and second instance. (CEE Legal Matters reported on the trial on April 13, 2015). After this most recent ruling, the firm reports, "Maximilian Schrems cannot bring claims of additional 75,000 Facebook users in Austria."
Graf & Pitkowitz Partner Nikolaus Pitkowitz, who pleaded the case on behalf of Facebook in the CJEU hearing on July 19, 2017, stated: “The judgment is a great success for our team. The CJEU heeded our arguments in this highly complex matter. The swift and clearly-worded decision is thus highly welcome. It sends a strong signal against forum shopping.”
In addition to Pitkowitz, the Graf & Pitkowitz team included Partner Martin Foerster, Senior Associates Christian Eder and Anna Katharina Radschek, and Associate Andrea Pegger.