Deutsche Telekom AG – CJEU Judgment (European Union, 2011)

Deutsche Telekom, a telecommunications network operator in Germany, publishes directories containing data related to its own customers and that of subscribers of approximately 100 other undertakings in accordance with paragraphs 47(1), 104 and 105 of the Telekommunikationsgesetz (German Law on Telecommunications) (‘TKG’). GoYellow and Telex AG operate an internet and telephone directory enquiry service through the use of available data provided to them by Deutsche Telekom for remuneration. However, the aforementioned companies came to a disagreement as to the scope of the data Deutsche Telekom has to provide to GoYellow and Telex AG. The matter was brought before the Bundesnetzagentur. On 11 September 2006, the Court ordered Deutsche Telekom to grant access to GoYellow and Telex AG to both data relating to Deutsche Telekom’s own subscribers and external data (i.e. data related to the subscribers of third-party telephone service providers), even when subscribers wished the respective data to be published solely by Deutsche Telekom. Deutsche Telekom challenged this decision before the Verwaltungsgericht Köln (Administrative Court, Cologne). On 14 February 2008, the Court dismissed the action. Deutsche Telekom appealed before the Bundesverwaltungsgericht (Federal Administrative Court) on the grounds that an obligation to make such external data available infringes Article 25(2) of the Universal Service Directive and Article 12 of the Directive on privacy and electronic communications—the matter was referred to the CJEU for a preliminary ruling. The Court firstly determined that Article 25 of the Universal Service Directive does not provide for full harmonization and is aimed at guaranteeing that at least one extensive directory is made available to end-users. Therefore, a minimum requirement is outlined under this article and Member States can consequently impose more stringent provisions. The Court thus held that Article 25(2) of the Universal Service Directive does