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 2019-10-01. No monetary penalty.
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.
[Type: guidance] 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
- Verified by
- donal
- Verified at
- 2026-08-27
- Review due
- 2027-02-27
Cite this case
Pick the format that matches where you are pasting. The methodology version is preserved in every variant so the citation stays verifiable after future methodology changes.
@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 v7.6}
}ConsentMark. (2019, October 1). CJEU (Court of Justice of the European Union) C-673/17 - Planet49 GmbH. Methodology v7.6. 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 v7.6, https://www.consentmark.com/precedent/cjeu-c-673-17