January 25
2021
Dolores Utrilla
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10th February 2020
Data, Tech & IP Human Rights

Pending CJEU questions concerning privacy in electronic communications

Two requests for a preliminary ruling referred by the German Federal Administrative Court (Bundesverwaltungsgericht) were published in the Official Journal today. The requests stem from national proceedings between Germany and SpaceNet (C-793/19) and Germany and Telekom Deutschland GmbH (C-794/19).

In both cases, the referring court asks the Court of Justice of the European Union (CJEU) to interpret Directive 2002/58/EC on privacy and electronic communications in the light of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the Treaty on European Union (TEU).

In particular, the German Federal Administrative Court seeks clarification on whether Article 15 of the Directive, read in accordance with A

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