Precedent corpus / CJEU (Court of Justice of the European Union)
Planet49 GmbH
CJEU (Court of Justice of the European Union) case C-673/17, decided . No monetary penalty.
A preliminary ruling of the Court of Justice is final. No appeal lies from it.
Regulator guidance (positive exemplar)
What the regulator decided
Consent under Article 5(3) of Directive 2002/58 is not validly constituted where, in the form of cookies, the storage of information or access to information already stored in a website user's terminal equipment is permitted by way of a pre-checked checkbox which the user must deselect to refuse consent. That conclusion does not vary according to whether the information stored or accessed is personal data.
Primary source
Regulator-owned URL. Quote this in legal briefs and academic citations.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62017CJ0673Archived snapshot
Wayback Machine snapshot of the primary source. Use this when the regulator URL might be refactored or expire.
https://web.archive.org/web/20260624151027/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A62017CJ0673ConsentMark interpretation
Operator-readable note on how this case shapes the ConsentMark scanner narrative. Not a legal opinion; cites the primary source.
Court of Justice, not a DPA. Case file also at curia.europa.eu/juris/liste.jsf?num=C-673/17; EUR-Lex is cited as the primary source because curia serves the judgment only to a browser. A preliminary ruling is final - there is no appeal from the Court. Point 3 of the operative part adds that the information the provider must give includes how long the cookies operate and whether third parties may access them.
Verification trail
Checked against the primary source on 27th August 2026. Next review 27th February 2027.
Cite this case
@misc{consentmark-precedent-cjeu-c-673-17,
author = {{ConsentMark}},
year = {2019},
title = {CJEU (Court of Justice of the European Union) C-673/17 - Planet49 GmbH},
howpublished = {\url{https://www.consentmark.com/precedent/cjeu-c-673-17}},
note = {ConsentMark methodology v7.8.1}
}ConsentMark. (2019, October 1). CJEU (Court of Justice of the European Union) C-673/17 - Planet49 GmbH. Methodology v7.8.1. https://www.consentmark.com/precedent/cjeu-c-673-17[CJEU (Court of Justice of the European Union) C-673/17 - Planet49 GmbH - ConsentMark](https://www.consentmark.com/precedent/cjeu-c-673-17)CJEU (Court of Justice of the European Union) C-673/17 - Planet49 GmbH - ConsentMark, 2019-10-01, methodology v7.8.1, https://www.consentmark.com/precedent/cjeu-c-673-17