Google LLC v Bundesrepublik Deutschland

European Union – Electronic communications networks and services. Article 2(c) of Directive (EC) 2002/21, as amended by Directive (EC) 2009/140 should be interpreted as meaning that a web-based email service which did not itself provide internet access, such as the Gmail service provided by Google LLC, did not consist wholly or mainly in the conveyance of signals on electronic communications networks and therefore did not constitute an 'electronic communications service' within the meaning of that provision. The Court of Justice of the European Union so held in a preliminary ruling in proceedings between Google LLC and Germany concerning a finding that Google's Gmail email service constituted a telecommunications service and ordering it, as a consequence, to comply with its obligation to register, failure to do so would give rise to a penalty payment.

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