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EU Judgment in Case C-102/20 StWL Städtische Werke Lauf a.d. Pegnitz (Privacy)  

25 November 2021

Thursday, 25 November

(Extract from the Opinion of AG Richard de la Tour)

The request for a preliminary ruling concerns the interpretation of Article 2(h) and Article 13(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), (2) as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (3) (‘Directive 2002/58’), and of point 26 of Annex I to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’). (4)

That request has been made in proceedings between StWL Städtische Werke Lauf a.d. Pegnitz GmbH (‘StWL’) and eprimo GmbH, two companies supplying electricity to final customers, concerning the compatibility with national legislation on unfair competition of advertising by Interactive Media CCSP GmbH (‘Interactive Media’), at the request of eprimo, consisting in displaying advertising messages in the inboxes of users of the free email service ‘T-Online’.

The advertising technique at issue in the main proceedings is difficult to classify since, on the one hand, it is technically different from email but, on the other hand, from the recipient’s point of view, it is very similar to unsolicited email (spam), the main target of the objective of protection referred to inter alia in Article 13(1) of Directive 2002/58.

Background Documents C-102/20

Details

Date:
25 November 2021
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EU Court of Justice
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