#Press Releases

25 August 2025

In a ruling dated 12 August 2025, the Regional Court of Mainz prohibited Google to preference its own email service Gmail when setting up an Android smartphone. Instead, email addresses from alternative email providers shall be allowed on an equal footing for the creation of a Google account. The lawsuit was filed in October 2024 by email providers GMX and WEB.DE, represented by their parent company 1&1 Mail & Media. The legal basis for the lawsuit is the Digital Markets Act (DMA), which has been in force since March 2024 and prohibits the linking of Gmail with Google's central platform services such as Android, Google Play, YouTube and Chrome.

"This is a positive sign for competition and consumer choice. In future, millions of users will be able to make an informed decision against Gmail and in favor of a European provider with data storage in a European data centre in accordance with the GDPR – a clear signal for digital sovereignty. The opening of markets intended by the Digital Markets Act is having an effect," says Michael Hagenau, Managing Director of GMX and WEB.DE.

During the proceedings, Google offered another option. Since May 2025, it has been possible to create a Google account also with a phone number. However, for technical reasons, a Gmail address is automatically created in the background. According to the LG Mainz, this is also inadmissible. At the very least, Google would have to design this option in such a way that users cannot see the Gmail address or use it to write and send emails.

Although it was already possible to use non-Gmail addresses in Google accounts via a workaround using the web browser, Gmail was actually mandatory in the crucial Google registration process when setting up a new Android device. This meant that owners of Android smartphones had little incentive to use a different email address for their communications. This was a key factor in Gmail's rise to the leading email service in many European markets. 

This tying is now being visibly broken for millions of consumers in Europe for the first time. The ruling of the Regional Court of Mainz thus follows the DMA. Article 5(8) prohibits gatekeepers from tying their core platform services to other services that are core platform services or that reach the thresholds for core platform services. Both the Android operating system and Google Play, YouTube and Chrome were designated by the European Commission in its decision of 6 September 2023 as core platform services within the meaning of Article 3(1) of the DMA. Gmail exceeds the thresholds for central platform services. 

The legal dispute is one of the first private enforcement proceedings under the DMA. The DMA expressly allows this in Articles 39 and 42. "The DMA is having an impact," said Dr Christian Karbaum, antitrust partner at GLADE MICHEL WIRTZ. "In just a year, GMX and WEB.DE have succeeded in enforcing comprehensive changes to the setup processes of Android, Google Play, YouTube and Chrome on the basis of the DMA and breaking the tying with Gmail. Also the EU Commission played an important role when immediately taking up our complaint and quickly objecting the illegal tying vis-à-vis Google in order to open up the market. At the same time, it is clear that private enforcement works well in Germany. In one of the very first proceedings to enforce the DMA, GMX and WEB.DE obtained a ruling from the Regional Court of Mainz in just 10 months prohibiting Google from engaging in the unlawful tying practices, even though Google fought back vigorously and repeatedly referred the matter to the Commission. A suspension of the proceedings was also rejected. It is now to be seen if Google will draw the right conclusions and adhere to the judgment, e.g. by implementing a choice screen that allows users to set up new email addresses also of other providers directly in the registration processes.

1&1 Mail & Media (Inhouse): Markus Kadelke (General Counsel), Marc Desserich (Head of Legal)

GLADE MICHEL WIRTZ (Düsseldorf): Dr Christian Karbaum, Dr Markus Wirtz, Dr Max Schulz, Dr Yannick Morath (all Competition).

GLADE MICHEL WIRTZ regularly represents the companies of the United Internet Group in antitrust matters.