Privacy

Translation:

A German court has ruled that Google’s practice of requiring users to use Gmail addresses for their accounts is unlawful. The lawsuit was brought by the parent company of GMX and Web.de.

The Regional Court of Mainz delivered a partial legal victory for the German email provider GMX/Web.de against the US tech giant, prohibiting Google from favoring its own Gmail service when users set up an Android smartphone and create a Google account. A Google account is required, for example, to access the Google Play app store or to log in to YouTube. According to the court, for a long time, setting up such an account required a Gmail address, while email addresses from GMX.de and Web.de could not be used or only with difficulty—putting Google’s competitors at a disadvantage.

Parent company 1&1 must bear part of the court costs
However, the court dismissed parts of the lawsuit, meaning 1&1, as the parent company of GMX/Web.de and the plaintiff in the case, must cover three-quarters of the procedural costs. The ruling is not yet final, and the case is expected to proceed to the next instance. Google has already filed an appeal.

Login now also possible with phone number
Google has already changed the behavior criticized in the lawsuit: Since May, users have been able to provide just a phone number during setup. However, Google still automatically creates a Gmail address—which, according to the court, is insufficient.

In its lawsuit, 1&1 referred to the new EU Digital Markets Act (DMA), which has been in force since 2024 and strengthens the rights of consumers and smaller companies against tech giants like Apple or Google. The underlying assumption is that major platform operators are so powerful that they could cement their market position and must therefore treat their own services and those of competitors equally.

1&1: EU regulations are taking effect
1&1 expressed satisfaction with the ruling. “This is a good sign for competition and consumer choice,” said Michael Hagenau, managing director of GMX and Web.de. Millions of users could now consciously choose a European provider with strict data protection instead of Gmail. He called it “a tangible signal for digital sovereignty.”

Google welcomed the fact that most of the claims were rejected, but expressed concern that the decision undermines the DMA’s goal of harmonizing rules. “We are concerned that the ruling undermines the DMA’s efforts to harmonize regulations,” the American company stated.