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Federal Labor Court rejects overheard telephone conversation as evidence

  • Hunton & Williams LLP
  • -
  • Germany
  • -
  • June 4 2009

On April 23, 2009, the German Federal Labor Court (Bundesarbeitsgericht) decided (Az.: 6 AZR 18908) that a party involved in a telephone conversation who intentionally allows a third party to overhear that conversation (e.g., by switching to loudspeaker on the telephone set or by holding the receiver away from his ear) violates the telephone counterpart’s general personality right

German court rules on data retention and submits questions to ECJ

  • Hunton & Williams LLP
  • -
  • European Union, Germany
  • -
  • April 28 2009

On March 16, 2009, the German Administrative Court of Wiesbaden published a February court decision (Az. 6 K 104508 WI) requesting the European Court of Justice (ECJ) to assess the compatibility of the Data Retention Directive (Directive 200624) regarding the retention of telephone and Internet data with basic constitutional rights