The Oculus Quest 2 is unlikely to appear officially on the German market in the foreseeable future – and neither are any other VR headsets or VR hardware from Facebook. How Mixed.de reported, the Düsseldorf Higher Regional Court (OLG) has now placed the decision in the Facebook case against the Federal Cartel Office (BKA) in the hands of the European Court of Justice (ECJ) (see official press release).
Since decisions by the ECJ usually take months or years, a judgment should not be expected before 2023. In addition, the case could then go to the Federal Court of Justice or the OLG Düsseldorf, according to the magazineto the chronicle of the proceedings).
Since Facebook is already working on the successors Oculus Quest 3 and 4, Quest 2, which dominates elsewhere, will probably only play a role on the German market as an import. Copies ordered by retailers such as Amazon France can so far be linked to German Facebook accounts and used without any problems – including the game store and all other functions. The connection to the social network is absolutely necessary for operation.
In contrast to the BKA, the OLG does not see any substantiated evidence of Facebook’s abuse of power in its assessment. In addition, the court questions whether the BKA is even responsible for enforcing the General Data Protection Regulation – and whether Facebook is actually violating the GDPR. With its ruling from 2019, the BKA demanded an implementation plan from Facebook Inc. in the United States, Germany, Ireland and all affiliated companies because the group collects too extensive and indiscriminate data, the statement said. Mixed.de explained the tricky situation on Thursday as follows:
“The OLG made it clear that the data processing was only Facebook Ireland’s business not, the parties should come to an agreement. The Facebook spokesman has already announced that they will submit a new application for an order of suspensive effect if the BKA does not voluntarily waive it. This would then go back to Düsseldorf Yesterday’s negotiation between the Federal Cartel Office and Facebook so again not to make a decision. The judgment is now to be made by the European Court of Justice (ECJ). “
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