2. To the extent that the constitutional complaint challenges § 113.1 sentence 1
of the Telecommunications Act of 22 June 2004 (Federal Law Gazette I page
1190), it is rejected as unfounded, subject to the proviso that the provision is to
be interpreted constitutionally in conformity with the grounds of this decision
(C. IV. 1.-3.) and thus only in conjunction with an appropriate legal basis for
the data retrieval and may not be used for the attribution of dynamic IP addresses.
For a transitional period, but until 30 June 2013 at the latest, the provision may
also be applied independently of these conditions.
3. To the extent that the constitutional complaint challenges § 95.3 and 95.4 of
the Telecommunications Act of 22 June 2004 (Federal Law Gazette I page
1190), it is dismissed as inadmissible.
4. Apart from this, the constitutional complaint is dismissed as unfounded.
5. The Federal Republic of Germany is ordered to reimburse the complainants
one-third of their necessary expenses in the constitutional complaint proceedings.
Grounds:
A.
The essential subject matter of the constitutional complaint is the constitutionality of
§§ 111 to 113 of the Telecommunications Act.
1
I.
The complainants, as users of modern means of telecommunications, directly challenge §§ 111 to 113 TKG. On a judicious interpretation of their submissions, their
challenges are directed more precisely against § 111.1, 111.2 and 111.4, § 112.1 to
112.4 and § 113.1 TKG, against the last also in conjunction with § 95.1 TKG. In addition, the complainants also specifically challenge § 95.3 and 95.4 TKG.
2
Originally, the constitutional complaint related to the version of the Telecommunications Act (Federal Law Gazette I p. 1190) which entered into effect on 26 June 2004.
Later, the complainants extended their challenges to the amended versions of
§§ 111, 112 TKG, which the provisions underwent in the year 2005 and in particular
as a result of the Amendment Act (Änderungsgesetz) of 21 December 2007 (Federal
Law Gazette I p.3198), which entered into effect on 1 January 2008. There were further amendments, which selectively extend the provisions but leave them unchanged
in substance; however, the complainants did not include these in their constitutional
complaint. The version of the Telecommunications Act on which the following is
based and which is quoted from in the following is therefore based on the version in
force on 1 January 2008.
3
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