The Federal Administrative Court in Leipzig has asked the Court of Justice of the European Union to clarify if the ePrivacy Directive supersedes the data retention provisions outlined in Germany’s Telecommunications Act. Plaintiffs from two separate cases have objected to the obligation placed on them by both laws to store telecommunications data of their customers in reserve. A lower court ruled the plaintiffs are not required to store the data per the TKG. The lower court said the storage requirement infringes EU law and is not applicable to the plaintiff's cases. The appeal proceedings are on hold until the CJEU clarifies the rule. (Brief is in German.)
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