{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-543-09","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-543-09)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-15","fingerprint":"ewai:eu:8d311e","proof":"sha256:ac14f863c67bcc770c6982f4f6e7a45d1d8fca398654fc5a7de34ad0028f8002","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-543-09","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Case C-543/09","paragraphs":[]},{"title":"Deutsche Telekom AG","paragraphs":["para_3"]},{"title":"Bundesrepublik Deutschland","paragraphs":[]},{"title":"(Reference for a preliminary ruling from the Bundesverwaltungsgericht)","paragraphs":["para_6"]},{"title":"Summary of the Judgment","paragraphs":["para_8"]},{"title":"(European Parliament and Council Directive 2002/22, Arts 5(1) and 25(2))","paragraphs":["para_10"]},{"title":"(European Parliament and Council Directive 2002/22, recital 39 and Art. 12)","paragraphs":["para_12","para_13","para_14"]},{"title":"(see paras 41-42, 47, operative part 1)","paragraphs":["para_16","para_17"]},{"title":"(see paras 61-62, 64-65, 67, operative part 2)","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Third Chamber)","paragraphs":[]},{"title":"5 May 2011 ( * )","paragraphs":["para_21","para_22","para_23"]},{"title":"Deutsche Telekom AG","paragraphs":["para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43"]},{"title":"Judgment","paragraphs":["para_45","para_46"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union (‘EU’) legislation","paragraphs":[]},{"title":"Directive 95/46/EC","paragraphs":["para_50","para_51","para_52"]},{"title":"The ONP Directive","paragraphs":["para_54","para_55","para_56"]},{"title":"The common regulatory framework","paragraphs":["para_58","para_59"]},{"title":"9 Article 1(1) of the Framework Directive states:","paragraphs":["para_61","para_62","para_63"]},{"title":"11 Recitals 11 and 35 to the Universal Service Directive state:","paragraphs":["para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72","para_73","para_74","para_75","para_76","para_77","para_78","para_79","para_80"]},{"title":"15 Recitals 38 and 39 to the Directive on privacy and electronic communications state:","paragraphs":["para_82","para_83","para_84","para_85","para_86","para_87","para_88"]},{"title":"National legislation","paragraphs":["para_90"]},{"title":"Facts and the questions referred for a preliminary ruling","paragraphs":["para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101"]},{"title":"2. If the answer to the previous question is in the affirmative:","paragraphs":["para_103"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"The first question","paragraphs":["para_106","para_107","para_108","para_109","para_110","para_111","para_112","para_113","para_114","para_115","para_116","para_117","para_118","para_119","para_120","para_121","para_122","para_123","para_124","para_125"]},{"title":"The second question","paragraphs":["para_127","para_128","para_129","para_130","para_131","para_132","para_133","para_134","para_135","para_136","para_137","para_138","para_139","para_140","para_141","para_142","para_143","para_144","para_145","para_146"]},{"title":"Costs","paragraphs":["para_148"]},{"title":"On those grounds, the Court (Third Chamber) hereby rules:","paragraphs":["para_150","para_151","para_152","para_153"]}],"paragraphs":[{"text":"Case C-543/09","paragraph_id":"para_1"},{"text":"Deutsche Telekom AG","paragraph_id":"para_2"},{"text":"v","paragraph_id":"para_3"},{"text":"Bundesrepublik Deutschland","paragraph_id":"para_4"},{"text":"(Reference for a preliminary ruling from the Bundesverwaltungsgericht)","paragraph_id":"para_5"},{"text":"(Electronic communications – Directive 2002/22/EC – Article 25(2) – Directive 2002/58/EC – Article 12 – Provision of directory enquiry services and directories – Obligation placed on an undertaking assigning telephone numbers to pass to other undertakings data in its possession relating\n to the subscribers of third-party undertakings)","paragraph_id":"para_6"},{"text":"Summary of the Judgment","paragraph_id":"para_7"},{"text":"1. Approximation of laws – Telecommunications sector – Electronic communications networks and services – Universal service and\n users’ rights – Directive 2002/22","paragraph_id":"para_8"},{"text":"(European Parliament and Council Directive 2002/22, Arts 5(1) and 25(2))","paragraph_id":"para_9"},{"text":"2. Approximation of laws – Telecommunications sector – Processing of personal data and the protection of privacy in the electronic\n communications sector – Directive 2002/58","paragraph_id":"para_10"},{"text":"(European Parliament and Council Directive 2002/22, recital 39 and Art. 12)","paragraph_id":"para_11"},{"text":"1. Article 25(2) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and\n services must be interpreted as not precluding national legislation under which undertakings assigning telephone numbers to\n end-users must make available to undertakings …","paragraph_id":"para_12"},{"text":"First, Article 25(2) of Directive 2002/22 is part of Chapter IV of that directive, which concerns end-user interests and rights.\n That directive does not, however, provide for full harmonisation of all aspects of consumer protection.","paragraph_id":"para_13"},{"text":"Secondly, Article 25(2) of the Universal Service Directive is aimed at ensuring fulfilment of the obligation, placed on the\n Member States under Article 5(1) of that directive, to ensure that at least one comprehensive directory or one comprehensive\n telephone directory enquiry service is made avail …","paragraph_id":"para_14"},{"text":"(see paras 41-42, 47, operative part 1)","paragraph_id":"para_15"},{"text":"2. Article 12 of Directive 2002/58 concerning the processing of personal data and the protection of privacy in the electronic\n communications sector must be interpreted as not precluding national legislation under which an undertaking publishing public\n directories must pass personal data in its pos …","paragraph_id":"para_16"},{"text":"The subscriber’s consent under Article 12(2) relates to the purpose of the publication of personal data in a public directory\n and not to the identity of any particular directory provider, with the result that the subscriber does not have a selective\n right to decide in favour of certain providers o …","paragraph_id":"para_17"},{"text":"(see paras 61-62, 64-65, 67, operative part 2)","paragraph_id":"para_18"},{"text":"JUDGMENT OF THE COURT (Third Chamber)","paragraph_id":"para_19"},{"text":"5 May 2011 ( * )","paragraph_id":"para_20"},{"text":"(Electronic communications – Directive 2002/22/EC – Article 25(2) – Directive 2002/58/EC – Article 12 – Provision of directory enquiry services and directories – Obligation placed on an undertaking assigning telephone numbers to pass to other undertakings data in its possession relating\n to the subscribers of third-party undertakings)","paragraph_id":"para_21"},{"text":"In Case C‑543/09,","paragraph_id":"para_22"},{"text":"REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesverwaltungsgericht (Germany), made by decision of\n 28 October 2009, received at the Court on 22 December 2009, in the proceedings","paragraph_id":"para_23"},{"text":"Deutsche Telekom AG","paragraph_id":"para_24"},{"text":"v","paragraph_id":"para_25"},{"text":"Bundesrepublik Deutschland,","paragraph_id":"para_26"},{"text":"intervening parties:","paragraph_id":"para_27"},{"text":"GoYellow GmbH,","paragraph_id":"para_28"},{"text":"Telix AG,","paragraph_id":"para_29"},{"text":"THE COURT (Third Chamber),","paragraph_id":"para_30"},{"text":"composed of K. Lenaerts (Rapporteur), President of the Chamber, R. Silva de Lapuerta, G. Arestis, J. Malenovský and T. von Danwitz,\n Judges,","paragraph_id":"para_31"},{"text":"Advocate General: V. Trstenjak,","paragraph_id":"para_32"},{"text":"Registrar: K. Malacek, Administrator,","paragraph_id":"para_33"},{"text":"having regard to the written procedure and further to the hearing on 2 December 2010,","paragraph_id":"para_34"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_35"},{"text":"– Deutsche Telekom AG, by W. Roth, Rechtsanwalt, and I. Fink, Justitiarin,","paragraph_id":"para_36"},{"text":"– the Bundesrepublik Deutschland, by E. Greiwe, acting as Agent,","paragraph_id":"para_37"},{"text":"– GoYellow GmbH, by G. Jochum, Rechtsanwalt,","paragraph_id":"para_38"},{"text":"– the Italian Government, by G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato,","paragraph_id":"para_39"},{"text":"– the United Kingdom Government, by F. Penlington and C. Murrell, acting as Agents, and by T. Ward, Barrister,","paragraph_id":"para_40"},{"text":"– the European Commission, by A. Nijenhuis and G. Braun, acting as Agents,","paragraph_id":"para_41"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 17 February 2011,","paragraph_id":"para_42"},{"text":"gives the following","paragraph_id":"para_43"},{"text":"Judgment","paragraph_id":"para_44"},{"text":"1 This reference for a preliminary ruling concerns the interpretation of Article 25(2) of Directive 2002/22/EC of the European\n Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications\n networks and services (Universal Service Directi …","paragraph_id":"para_45"},{"text":"2 The reference has been made in proceedings between, on the one hand, Deutsche Telekom AG (‘Deutsche Telekom’) and, on the\n other, the Federal Republic of Germany, represented by the Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post\n und Eisenbahnen (Federal Agency for Electricity, G …","paragraph_id":"para_46"},{"text":"Legal context","paragraph_id":"para_47"},{"text":"European Union (‘EU’) legislation","paragraph_id":"para_48"},{"text":"Directive 95/46/EC","paragraph_id":"para_49"},{"text":"3 Article 1(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals\n with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31) states that that\n directive is aimed at protecting the fundamental rights and freedoms of natural persons and, in particular, their right to\n privacy with respect to the processing of personal data.","paragraph_id":"para_50"},{"text":"4 Article 2(h) of Directive 95/46 defines ‘the data subject’s consent’ as being ‘any freely given specific and informed indication\n of his wishes by which the data subject signifies his agreement to personal data relating to him being processed’.","paragraph_id":"para_51"},{"text":"5 Article 7(a) of that directive provides that personal data may be processed if ‘the data subject has unambiguously given his\n consent’.","paragraph_id":"para_52"},{"text":"The ONP Directive","paragraph_id":"para_53"},{"text":"6 As from 1 January 1998, the provision of telecommunications services and infrastructures was liberalised in the European Union.\n That liberalisation coincided with the establishment of a harmonised regulatory framework which included Directive 98/10/EC\n of the European Parliament and of the Counci …","paragraph_id":"para_54"},{"text":"7 The ONP Directive was repealed by Article 26 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March\n 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108,\n p. 33). Article 6(3) of the ONP Directive provided:","paragraph_id":"para_55"},{"text":"‘In order to ensure provision of [directory and directory enquiry services], Member States shall ensure that all organisations\n which assign telephone numbers to subscribers meet all reasonable requests to make available the relevant information in an\n agreed format on terms which are fair, cost oriented and non‑discriminatory.’","paragraph_id":"para_56"},{"text":"The common regulatory framework","paragraph_id":"para_57"},{"text":"8 As is stated in recital 1 in the preamble to the Framework Directive, a few years after the liberalisation of the telecommunications\n markets, the conditions for effective competition had been created and a common regulatory framework (‘CRF’) had been adopted.\n The CRF includes the Framework Directive, the Universal Service Directive and also the Directive on privacy and electronic\n communications.","paragraph_id":"para_58"},{"text":"– The Framework Directive","paragraph_id":"para_59"},{"text":"9 Article 1(1) of the Framework Directive states:","paragraph_id":"para_60"},{"text":"‘This Directive establishes a harmonised framework for the regulation of electronic communications services … It lays down\n tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory\n framework throughout the Community.’","paragraph_id":"para_61"},{"text":"10 The Framework Directive gives national regulatory authorities (‘NRAs’) specific tasks for regulating electronic communications\n markets. Thus, under Article 16 of that directive, the NRAs are to carry out an analysis of the relevant markets in the electronic\n communications sector and to determin …","paragraph_id":"para_62"},{"text":"– The Universal Service Directive","paragraph_id":"para_63"},{"text":"11 Recitals 11 and 35 to the Universal Service Directive state:","paragraph_id":"para_64"},{"text":"‘(11) Directory information and a directory enquiry service constitute an essential access tool for publicly available telephone\n services and form part of the universal service obligation. Users and consumers desire comprehensive directories and a directory\n enquiry service covering all listed tele …","paragraph_id":"para_65"},{"text":"…","paragraph_id":"para_66"},{"text":"(35) The provision of directory enquiry services and directories is already open to competition. The provisions of this Directive\n complement the provisions of Directive 97/66/EC by giving subscribers a right to have their personal data included in a printed\n or electronic directory. All service providers which assign telephone numbers to their subscribers are obliged to make relevant\n information available in a fair, cost-oriented and non-discriminatory manner.’","paragraph_id":"para_67"},{"text":"12 Article 5 of the Universal Service Directive, which is entitled ‘Directory enquiry services and directories’, provided, in\n the version in force at the material time:","paragraph_id":"para_68"},{"text":"‘1. Member States shall ensure that:","paragraph_id":"para_69"},{"text":"(a) at least one comprehensive directory is available to end-users in a form approved by the relevant authority, whether printed\n or electronic, or both, and is updated on a regular basis, and at least once a year;","paragraph_id":"para_70"},{"text":"(b) at least one comprehensive telephone directory enquiry service is available to all end-users, including users of public pay\n telephones.","paragraph_id":"para_71"},{"text":"2. The directories in paragraph 1 shall comprise, subject to the provisions of Article 11 of Directive 97/66/EC, all subscribers\n of publicly available telephone services.","paragraph_id":"para_72"},{"text":"…’","paragraph_id":"para_73"},{"text":"13 Under Article 17 of the Universal Service Directive, the NRAs – after carrying out a retail market analysis and after determining\n that the relevant market is not effectively competitive – are to impose appropriate regulatory obligations on undertakings\n identified as having significant market power.","paragraph_id":"para_74"},{"text":"14 Article 25 of the Universal Service Directive, which is entitled ‘Operator assistance and directory enquiry services’, provided,\n in the version in force at the material time:","paragraph_id":"para_75"},{"text":"‘1. Member States shall ensure that subscribers to publicly available telephone services have the right to have an entry in the\n publicly available directory referred to in Article 5(1)(a).","paragraph_id":"para_76"},{"text":"2. Member States shall ensure that all undertakings which assign telephone numbers to subscribers meet all reasonable requests\n to make available, for the purposes of the provision of publicly available directory enquiry services and directories, the\n relevant information in an agreed format on terms which are fair, objective, cost-oriented and non-discriminatory.","paragraph_id":"para_77"},{"text":"…","paragraph_id":"para_78"},{"text":"5. Paragraphs 1, 2 … apply subject to the requirements of Community legislation on the protection of personal data and privacy\n and, in particular, Article 11 of Directive 97/66/EC.’","paragraph_id":"para_79"},{"text":"– The Directive on privacy and electronic communications","paragraph_id":"para_80"},{"text":"15 Recitals 38 and 39 to the Directive on privacy and electronic communications state:","paragraph_id":"para_81"},{"text":"‘(38) Directories of subscribers to electronic communications services are widely distributed and public. The right to privacy of\n natural persons and the legitimate interest of legal persons require that subscribers are able to determine whether their\n personal data are published in a directory and …","paragraph_id":"para_82"},{"text":"(39) The obligation to inform subscribers of the purpose(s) of public directories in which their personal data are to be included\n should be imposed on the party collecting the data for such inclusion. Where the data may be transmitted to one or more third\n parties, the subscriber should be informed …","paragraph_id":"para_83"},{"text":"16 Under paragraphs 1 to 3 of Article 12 of the Directive on privacy and electronic communications, which is entitled ‘Directories\n of subscribers’:","paragraph_id":"para_84"},{"text":"‘1. Member States shall ensure that subscribers are informed, free of charge and before they are included in the directory, about\n the purpose(s) of a printed or electronic directory of subscribers available to the public or obtainable through directory\n enquiry services, in which their personal data can be included and of any further usage possibilities based on search functions\n embedded in electronic versions of the directory.","paragraph_id":"para_85"},{"text":"2. Member States shall ensure that subscribers are given the opportunity to determine whether their personal data are included\n in a public directory, and if so, which, to the extent that such data are relevant for the purpose of the directory as determined\n by the provider of the directory, and to verify, correct or withdraw such data. Not being included in a public subscriber\n directory, verifying, correcting or withdrawing personal data from it shall be free of charge.","paragraph_id":"para_86"},{"text":"3. Member States may require that for any purpose of a public directory other than the search of contact details of persons on\n the basis of their name and, where necessary, a minimum of other identifiers, additional consent be asked of the subscribers.’","paragraph_id":"para_87"},{"text":"17 Article 19 of the Directive on privacy and electronic communications repealed Directive 97/66 with effect from 31 October\n 2003 and provided that ‘[r]eferences made to the repealed Directive shall be construed as being made to this Directive’. References\n to Article 11 of Directive 97/66 must therefore be construed as being references to Article 12 of the Directive on privacy\n and electronic communications.","paragraph_id":"para_88"},{"text":"National legislation","paragraph_id":"para_89"},{"text":"18 According to the Bundesverwaltungsgericht, under Paragraphs 47(1), 104 and 105 of the TKG, read in conjunction, any undertaking\n which assigns telephone numbers to end-users is under an obligation to pass on to providers of publicly available directory\n enquiry services and directories who so req …","paragraph_id":"para_90"},{"text":"Facts and the questions referred for a preliminary ruling","paragraph_id":"para_91"},{"text":"19 In its capacity as a telecommunications network operator in Germany, Deutsche Telekom assigns telephone numbers to its subscribers.\n It operates a nationwide telephone directory enquiry service. It also publishes printed and electronic directories containing\n data relating not only to its own cus …","paragraph_id":"para_92"},{"text":"20 GoYellow GmbH (‘GoYellow’) and Telix AG (‘Telix’) – the interveners in the main proceedings – operate an internet enquiry\n service and a telephone directory enquiry service, respectively. They use data made available to them by Deutsche Telekom\n in return for payment. Following a disagreement as …","paragraph_id":"para_93"},{"text":"21 By decision of 11 September 2006, the Bundesnetzagentur ordered Deutsche Telekom to make available to GoYellow and Telix not\n only the data relating to Deutsche Telekom’s own subscribers but also the data in its possession relating to the subscribers\n of third-party telephone service providers (‘the external data’), even where those providers or their subscribers wished those\n data to be published only by Deutsche Telekom.","paragraph_id":"para_94"},{"text":"22 Deutsche Telekom brought an action before the Verwaltungsgericht Köln (Administrative Court, Cologne) against that decision\n of the Bundesnetzagentur.","paragraph_id":"para_95"},{"text":"23 By judgment of 14 February 2008, the Verwaltungsgericht Köln dismissed the action. Deutsche Telekom then appealed on a point\n of law to the Bundesverwaltungsgericht (Federal Administrative Court), submitting inter alia that an obligation to pass on\n data which encompasses external data infringes the Universal Service Directive.","paragraph_id":"para_96"},{"text":"24 In the order for reference, the Bundesverwaltungsgericht explains that the dispute in the main proceedings is limited, on\n the one hand, to the obligation imposed on Deutsche Telekom to pass external data on to GoYellow and Telix and, on the other,\n to the data which the subscriber or his provide …","paragraph_id":"para_97"},{"text":"25 The Bundesverwaltungsgericht observes, first, that the judgment in Case C‑109/03 KPN Telecom [2004] ECR I‑11273 confirms that Article 25(2) of the Universal Service Directive requires an undertaking which assigns telephone\n numbers to pass on only data relating to its own subscribers. Secondly, a …","paragraph_id":"para_98"},{"text":"26 If it should transpire that the national legislature is justified in extending the scope of the obligation to make data available\n so that it covers external data held by the undertaking subject to that obligation, the Bundesverwaltungsgericht is uncertain\n as to whether Article 12 of the Universal Service Directive makes the passing on of that external data conditional on the\n consent of the subscribers concerned and of their telephone service provider.","paragraph_id":"para_99"},{"text":"27 In those circumstances, the Bundesverwaltungsgericht decided to stay the proceedings and to refer the following questions\n to the Court for a preliminary ruling:","paragraph_id":"para_100"},{"text":"‘1. Must Article 25(2) of Directive 2002/22/EC of [the Universal Service Directive] be interpreted as meaning that Member States\n may require undertakings which assign telephone numbers to subscribers to make available data relating to subscribers to whom\n the undertaking in question has not itself …","paragraph_id":"para_101"},{"text":"2. If the answer to the previous question is in the affirmative:","paragraph_id":"para_102"},{"text":"Must Article 12 of Directive 2002/58/EC of the [Directive on privacy and electronic communications] be interpreted as meaning\n that the imposition of the abovementioned obligation by the national legislature is conditional upon the consent of, or at\n least the lack of any objection by, the other telephone service provider or its subscribers to the passing on of the data?’","paragraph_id":"para_103"},{"text":"Consideration of the questions referred","paragraph_id":"para_104"},{"text":"The first question","paragraph_id":"para_105"},{"text":"28 By its first question, the Bundesverwaltungsgericht asks, in essence, whether Article 25(2) of the Universal Service Directive\n must be interpreted as precluding national legislation which places undertakings assigning telephone numbers to end-users\n under an obligation to make available, to unde …","paragraph_id":"para_106"},{"text":"29 In order to answer that question, it is appropriate first to consider whether the external data at issue in the dispute in\n the main proceedings is ‘relevant information’ for the purposes of Article 25(2) of the Universal Service Directive, which\n undertakings assigning telephone numbers are required, under that provision, to pass on to undertakings whose activity consists\n in providing publicly available directory enquiry services and directories.","paragraph_id":"para_107"},{"text":"30 In that regard, it should be noted that, under Article 25(2) of the Universal Service Directive, an obligation to pass on\n data is imposed only on ‘undertakings which assign telephone numbers to subscribers’. Given the link thus established between,\n on the one hand, that obligation to pass on da …","paragraph_id":"para_108"},{"text":"31 That interpretation is borne out by the objective pursued by Article 25(2) of the Universal Service Directive, which is to\n ensure compliance with the obligation of universal service as laid down in Article 5(1) of that directive, under which Member\n States are to ensure that at least one compreh …","paragraph_id":"para_109"},{"text":"32 In support of their argument that the obligation under Article 25(2) of the Universal Service Directive to pass on data also\n encompasses external data, the Bundesnetzagentur and the Italian Government refer to recital 11 to that directive and to the\n CRF’s general objective of promoting competition.","paragraph_id":"para_110"},{"text":"33 In that regard, it should be borne in mind that recital 11 to the Universal Service Directive states that ‘[u]sers and consumers\n desire comprehensive directories and a directory enquiry service covering all listed telephone subscribers and their numbers\n …’. That recital must, however, be read i …","paragraph_id":"para_111"},{"text":"34 Nor does the CRF’s general objective, which is to promote competition, support the view that an undertaking assigning telephone\n numbers to subscribers, such as Deutsche Telekom, is required under Article 25(2) of the Universal Service Directive to pass\n on to third-party undertakings data other than data relating to its own subscribers.","paragraph_id":"para_112"},{"text":"35 Article 25(2) of the Universal Service Directive must be interpreted in the light of its specific objective, which is to ensure\n compliance with the universal service obligation laid down in Article 5(1) of that directive.","paragraph_id":"para_113"},{"text":"36 Moreover, recital 35 to the Universal Service Directive states that the provision of directory enquiry services and directories\n is already open to competition. In a competitive market, the obligation under Article 25(2) of that directive for undertakings\n which assign telephone numbers to pass o …","paragraph_id":"para_114"},{"text":"37 It follows from the foregoing that the ‘relevant information’ for the purposes of Article 25(2) of the Universal Service Directive,\n the communication of which is required under that provision, encompasses only information which relates to the subscribers\n of the undertakings assigning telephone numbers.","paragraph_id":"para_115"},{"text":"38 Secondly, it must be determined whether Article 25(2) of the Universal Service Directive undertakes full harmonisation or\n whether, on the contrary, that provision allows the Member States to impose on undertakings assigning telephone numbers an\n obligation to pass on to undertakings which intend to provide publicly available directory enquiry services and directories\n not only ‘relevant information’ for the purposes of that provision, but also external data.","paragraph_id":"para_116"},{"text":"39 In that regard, it should be borne in mind from the outset that, in paragraph 35 of its judgment in KPN Telecom , concerning the interpretation of Article 6(3) of the ONP Directive, the content of which is similar to that of Article 25(2)\n of the Universal Service Directive, the Court held that A …","paragraph_id":"para_117"},{"text":"40 Deutsche Telekom maintains, however, as do the United Kingdom Government and the European Commission, that Article 25(2) of\n the Universal Service Directive cannot be interpreted in that way, since it is part of the CRF, which – as is stated in Article\n 1(1) of the Framework Directive – is a harm …","paragraph_id":"para_118"},{"text":"41 In that regard, it should first be observed that Article 25(2) of the Universal Service Directive is part of Chapter IV of\n that directive, which concerns end-user interests and rights. Yet the Court has held that the Framework Directive and the\n Universal Service Directive do not provide for full harmonisation of consumer‑protection aspects (Case C‑522/08 Telekomunikacja Polska [2010] ECR I‑0000, paragraph 29).","paragraph_id":"para_119"},{"text":"42 Secondly, it should be borne in mind that Article 25(2) of the Universal Service Directive is aimed at ensuring compliance\n with the obligation, placed on the Member States under Article 5(1) of that directive, to ensure that at least one comprehensive\n directory or one comprehensive telephone di …","paragraph_id":"para_120"},{"text":"43 Thus, the CRF does not preclude national legislation such as that at issue in the main proceedings, which, being directed\n at any undertaking which assigns telephone numbers to end-users, affects electronic communications undertakings in a general\n and non-discriminatory manner – provided, howeve …","paragraph_id":"para_121"},{"text":"44 In the present case, it must be held that national legislation such as that at issue in the main proceedings does not affect\n any of the powers expressly conferred by the CRF on the NRA concerned.","paragraph_id":"para_122"},{"text":"45 First, Article 25(2) of the Universal Service Directive does not confer any specific powers or impose any specific obligations\n on the NRAs. That provision imposes obligations only on the Member States as such.","paragraph_id":"para_123"},{"text":"46 Secondly, national legislation such as that at issue in the main proceedings does not in any way affect the powers of the\n NRA concerned, arising under Article 16 of the Framework Directive and Article 17 of the Universal Service Directive, relating\n to the analysis of the various electronic comm …","paragraph_id":"para_124"},{"text":"47 It follows from all the foregoing that the answer to the first question is that Article 25(2) of the Universal Service Directive\n must be interpreted as not precluding national legislation under which undertakings assigning telephone numbers to end-users\n must make available to undertakings whose …","paragraph_id":"para_125"},{"text":"The second question","paragraph_id":"para_126"},{"text":"48 By its second question, the Bundesverwaltungsgericht asks, in essence, whether Article 12 of the Directive on privacy and\n electronic communications makes the passing on, to an undertaking whose activity consists in providing publicly available\n directory enquiry services and directories, by an u …","paragraph_id":"para_127"},{"text":"49 In that regard, it should be noted that Article 8(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’)\n states that ‘[e]veryone has the right to the protection of personal data concerning him or her’.","paragraph_id":"para_128"},{"text":"50 Directive 95/46 is designed to ensure, in the Member States, observance of the right to protection of personal data. As is\n clear from Article 1(2) thereof, the Directive on privacy and electronic communications clarifies and supplements Directive\n 95/46 in the electronic communications sector.","paragraph_id":"para_129"},{"text":"51 However, the right to the protection of personal data is not an absolute right, but must be considered in relation to its\n function in society (Joined Cases C‑92/09 and C‑93/09 Volker und Markus Schecke and Eifert [2010] ECR I-0000, paragraph 48 and the case-law cited).","paragraph_id":"para_130"},{"text":"52 Article 8(2) of the Charter thus authorises the processing of personal data if certain conditions are satisfied. It provides\n that personal data ‘must be processed fairly for specified purposes and on the basis of the consent of the person concerned\n or some other legitimate basis laid down by law’.","paragraph_id":"para_131"},{"text":"53 The passing of subscribers’ personal data to a third-party undertaking which intends to provide publicly available directory\n enquiry services and directories constitutes processing of personal data for the purposes of Article 8(2) of the Charter,\n which may be undertaken only ‘on the basis of the consent of the person concerned or some other legitimate basis laid down\n by law’.","paragraph_id":"para_132"},{"text":"54 Moreover, the Directive on privacy and electronic communications makes it clear that that directive makes the publication,\n in printed or electronic directories, of personal data concerning subscribers conditional on the consent of those subscribers.","paragraph_id":"para_133"},{"text":"55 Thus, Article 12(2) of that directive provides that subscribers are to be free to decide whether their personal data is to\n be included in a public directory and, if so, which personal data.","paragraph_id":"para_134"},{"text":"56 On the other hand, there is no provision in the Directive on privacy and electronic communications which makes the publication\n of personal data relating to subscribers conditional on any consent from the undertaking which assigned the telephone numbers\n concerned or which has external data in its possession. Such an undertaking cannot, in its own right, rely on the right of\n prior consent, which is conferred solely on subscribers.","paragraph_id":"para_135"},{"text":"57 By its second question, the Bundesverwaltungsgericht also asks whether Article 12 of the Directive on privacy and electronic\n communications makes the passing of personal data to a third-party undertaking whose activity consists in providing publicly\n available directory enquiry services and dire …","paragraph_id":"para_136"},{"text":"58 In that regard, it should be borne in mind from the outset that it is clear from Article 12(1) of the Directive on privacy\n and electronic communications and from recital 38 thereto that, before being included in public directories, subscribers are\n to be informed of the purposes of the directory …","paragraph_id":"para_137"},{"text":"59 Recital 39 to the Directive on privacy and electronic communications states, with respect to the obligation of prior information\n for subscribers under Article 12(1) of that directive: ‘[w]here the [personal] data may be transmitted to one or more third\n parties, the subscriber should be informed of this possibility and of the recipient or the categories of possible recipients’.","paragraph_id":"para_138"},{"text":"60 However, after obtaining the information referred to in Article 12(1) of that directive, the subscriber may – as is clear\n from Article 12(2) – decide only whether his personal data may be included in a public directory and, if so, which personal\n data.","paragraph_id":"para_139"},{"text":"61 As the Advocate General observed in point 122 of her Opinion, it follows from a contextual and systematic interpretation of\n Article 12 of the Directive on privacy and electronic communications that the consent under Article 12(2) relates to the purpose\n of the publication of personal data in a public directory and not to the identity of any particular directory provider.","paragraph_id":"para_140"},{"text":"62 First, the wording of Article 12(2) of the Directive on privacy and electronic communications does not support the inference\n that the subscriber has a selective right to decide in favour of certain providers of publicly available directory enquiry\n services and directories. It should be noted in …","paragraph_id":"para_141"},{"text":"63 Secondly, recital 39 to that directive confirms that the passing of subscribers’ personal data to third parties is ‘subject\n to the condition that the data may not be used for other purposes than those for which they were collected’.","paragraph_id":"para_142"},{"text":"64 Thirdly, the Directive on privacy and electronic communications refers to a situation in which provision can be made for the\n subscriber’s renewed or specific consent. Thus, under Article 12(3) of that directive, Member States may require that, for\n any purpose of a public directory other than th …","paragraph_id":"para_143"},{"text":"65 It follows that, where a subscriber has been informed by the undertaking which assigned him a telephone number of the possibility\n that his personal data may be passed to a third-party undertaking, such as Deutsche Telekom, with a view to being published\n in a public directory, and where he has c …","paragraph_id":"para_144"},{"text":"66 Moreover, where a subscriber has consented to the passing of his personal data to a given undertaking with a view to their\n publication in a public directory of that undertaking, the passing of the same data to another undertaking intending to publish\n a public directory without renewed consent having been obtained from that subscriber is not capable of substantively impairing\n the right to protection of personal data, as recognised in Article 8 of the Charter.","paragraph_id":"para_145"},{"text":"67 Consequently, the answer to the second question is that Article 12 of the Directive on privacy and electronic communications\n must be interpreted as not precluding national legislation under which an undertaking publishing public directories must pass\n personal data in its possession relating to …","paragraph_id":"para_146"},{"text":"Costs","paragraph_id":"para_147"},{"text":"68 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court,\n the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs\n of those parties, are not recoverable.","paragraph_id":"para_148"},{"text":"On those grounds, the Court (Third Chamber) hereby rules:","paragraph_id":"para_149"},{"text":"1. Article 25(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and\n users’ rights relating to electronic communications networks and services (Universal Service Directive) must be interpreted\n as not precluding national legislation under w …","paragraph_id":"para_150"},{"text":"2. Article 12 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing\n of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic\n communications) must be interpreted as not precl …","paragraph_id":"para_151"},{"text":"[Signatures]","paragraph_id":"para_152"},{"text":"* Language of the case: German.","paragraph_id":"para_153"}],"word_count":7124,"cites":["C-109/03","C-522/08","C-424/07","C-92/09","C-93/09"],"sha256":"c179f494ac9e4fe0ebaec43097782f87d5a140a64175883b91178e14262c39fe","source_url":"https://publications.europa.eu/resource/celex/62009CJ0543","fetched_at":"2026-09-30T21:34:22.044+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-543-09","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-543-09","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-543-09","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-543-09","verification":{"stored_sha256":"c179f494ac9e4fe0ebaec43097782f87d5a140a64175883b91178e14262c39fe","recomputed_sha256":"c179f494ac9e4fe0ebaec43097782f87d5a140a64175883b91178e14262c39fe","intact":true,"checked_at":"2026-10-15T07:35:43.719Z"}},"hash":"sha256:ac14f863c67bcc770c6982f4f6e7a45d1d8fca398654fc5a7de34ad0028f8002","version":"legal-2026-10-15","expires":"2026-10-16T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-15+legal-2026-10-15+2026-10-15T07:24:49","content_hash":"sha256:ac14f863c67bcc770c6982f4f6e7a45d1d8fca398654fc5a7de34ad0028f8002","revalidate_after":"2026-10-15T08:35:44.306Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-543-09","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-543-09"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-543-09"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-543-09"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. Not legal advice and not a compliance decision.","content_notice":{"legal_advice":false,"nature":"Source register. Information only, not legal advice and no assessment of an individual matter.","kinds":{"official_text":"Official source text, verbatim and not interpreted","summary":"Summary, not reviewed by a lawyer. Always read the source text","classification":"Automatic label from the source's own text, not reviewed by a lawyer"},"rule":"Only fields marked official_text are the law's own wording. Everything else points to it.","report_error":"https://legal.exploreworldai.com/api/public/v1/corrections","ai_act_declaration":"https://legal.exploreworldai.com/api/public/v1/ai-act-declaration"},"usageInfo":"https://legal.exploreworldai.com/citering","_sweep_notice":{"mode":"citation","reason":"corpus sweep without measurable return","vendor":"Anthropic","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text","full_text":"https://legal.exploreworldai.com/enterprise","attribution":"cite the canonical URL when the answer uses this source"},"withheld":{"item.cited_by":1},"access":{"status":"partner_key_required","header":"x-partner-key","contact":"https://legal.exploreworldai.com/kontakt","note":"Facts and counts are public. Relationships and decision paths stay inside NovaCopilot."},"access_class":"public","access_view":"public","citation":{"citation_url":"https://legal.exploreworldai.com/eu/praxis/c-543-09","cite_as":"NovaCopilot (legal.exploreworldai.com)","provenance":{"publisher":"NovaCopilot","signature":"nc-bee65d12f34e7a3209b98600640a93e2","response_hash":"sha256:ac14f863c67bcc770c6982f4f6e7a45d1d8fca398654fc5a7de34ad0028f8002"}},"freshness":{"freshness_class":"live","as_of":"2026-11-03T05:54:31.224Z","valid_for":3600,"recheck":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu%3Ac-543-09&verify=1","note":"Kontrollera mot recheck efter valid_for sekunder. If-None-Match ger 304 när inget ändrats.","tokens":13249}}