Die Netzneutralität im Binnenmarkt

Using network management, internet service providers have been able to throttle or block data traffic already for many years. This also entails the risk of impacts on the single market. For this reason, the Regulation (EU) 2015/2120 has been intended to ensure the net neutrality in the provision of internet access services since late 2015. However, the regulation of backbones and interconnections, i.e the upstream data transport beyond the end user access, remained open. This can continue to lead to the discrimination of certain content in transnational data traffic. This work therefore examines the question of whether the non-discrimination provisions of the TFEU could function as a fall back level in this case. Based on the ECJ’s case-law (Walrave, Bosman etc.), the author examines the horizontal direct effect of the freedoms of the single market. In addition to its economic importance, the Internet is also a comprehensive platform for the exercise of fundamental rights, such as freedom of expression, thus a possible horizontal effect of the Charter of Fundamental Rights is also examined.