CJEU ruled that Email is not a telecom service under EU law

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The Court of Justice of the European Union (CJEU) repealed the German telecom regulator’s decision to require Google’s email service to register as a telecom service and comply with telecom service obligations. Google alleged that it does not provide communication services because its email relies on internet access providers to transmit and receive messages. The CJEU was referred by a German court to decide whether web-based email service fits under the EU law definition of electronic communications service. The court ruled that Google’s involvement in transmitting email messages is not sufficient to be considered an electronic communication service. Google service does not include internet access, which is the key aspect of the definition of an electronic communication service. The court stressed that differently from Skype, that had an agreement with telecom companies to deliver calls to telephones, Google only uploads and receives data from internet service providers.   

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