BVerwG 6 A 9.14, Judgment of 14 Dezember 2016 | Bundesverwaltungsgericht

30.07.20, 16:19

(https://www.bverwg.de/en)

Judgment of 14 December 2016 BVerwG 6 A 9.14
ECLI:DE:BVerwG:2016:141216U6A9.14.0

Please note that the official language of proceedings brought before the Federal
Administrative Court of Germany, including its rulings, is German. This translation is based on an edited version of the original ruling. It is provided for the
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When citing this ruling it is recommended to indicate the court, the date of the
ruling, the case number and the paragraph: BVerwG, judgment of 14 December 2016 - 6 A 9.14 - para. 16.

Action for a declaratory judgment against
the monitoring of e-mail traffic in the
context of the strategic surveillance of
telecommunications
Headnote
A legal relationship establishable within the meaning of section 43 (1)
of the Code of Administrative Court Procedure (VwGO, Verwaltungsgerichtsordnung) does not exist, even taking into account the guarantee of the legal protection of rights of article 19 (4) first sentence of the
Basic Law (GG, Grundgesetz), when a possible encroachment on the
basic right deriving from article 10 of the Basic Law in the context of
the strategic surveillance of telecommunications has been removed immediately and without consequence and therefore can no longer be established (following the judgment of 28 May 2014 - 6 A 1.13 – Rulings
of the Federal Administrative Court 149, 359).
https://www.bverwg.de/en/141216U6A9.14.0

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