16.5.2022   

EN

Official Journal of the European Union

C 198/18


Request for a preliminary ruling from the Amtsgericht München (Germany) lodged on 7 January 2022 — HTB Neunte Immobilien Portfolio geschlossene Investment UG & Co. KG v Müller Rechtsanwaltsgesellschaft mbH

(Case C-17/22)

(2022/C 198/27)

Language of the case: German

Referring court

Amtsgericht München

Parties to the main proceedings

Applicant: HTB Neunte Immobilien Portfolio geschlossene Investment UG & Co. KG

Defendant: Müller Rechtsanwaltsgesellschaft mbH

Questions referred

1.

a.

Is Article 6(1)(b) and (f) of the General Data Protection Regulation (1) to be interpreted as meaning that, in the case of a partnership comprised of many members of the public, a limited partner with negligible liability has a ‘legitimate interest’ in obtaining information relating to all partners with shares held indirectly through a trustee, together with their contact details and the number of their shares in such a partnership, and a contractual obligation to that effect must be inferred from the partnership agreement?

b.

Or is a legitimate interest restricted under such circumstances to obtaining from the partnership information on limited partners with shares held indirectly and, rather than bearing negligible liability, hold shares above a minimum threshold that may, at least potentially, allow them to influence the future of the partnership?

2.

a.

Does the intention to make contact for the purpose of becoming better acquainted, exchanging views or negotiating the purchase of shares in the partnership suffice in order not to exceed the limits to prevent abuse of rights inherent in such an unrestricted right (1a) or to make an exception to the restriction applicable to a restricted right to information (1b)?

.b.

Or is an interest in information potentially relevant only where its disclosure is requested with the express intention of contacting other partners in order to invite them to coordinate on specifically designated matters on which a consensus is needed for the purpose of partners’ resolutions?


(1)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).