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Case C-193/18: Judgment of the Court (Fourth Chamber) of 13 June 2019 (request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen — Germany) — Google LLC v Bundesrepublik Deutschland (Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 2(c) — Concept of ‘electronic communications service’ — Conveyance of signals — Web-based email service — Gmail service)
ECLI:EU:UNKNOWN:62018CA0193
62018CA0193
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5.8.2019
Official Journal of the European Union
C 263/14
(Case C-193/18) (1)
(Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/21/EC - Article 2(c) - Concept of ‘electronic communications service’ - Conveyance of signals - Web-based email service - Gmail service)
(2019/C 263/17)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Google LLC
Defendant: Bundesrepublik Deutschland
Operative part of the judgment
Article 2(c) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that a web-based email service which does not itself provide internet access, such as the Gmail service provided by Google LLC, does not consist wholly or mainly in the conveyance of signals on electronic communications networks and therefore does not constitute an ‘electronic communications service’ within the meaning of that provision.
(1) OJ C 211, 18.6.2018.