Google's use of Gmail is to be impartial, not given preference.

In a significant development, the Regional Court of Mainz has ruled that Google must stop requiring users to have a Gmail account when setting up an Android smartphone. This decision is related to the EU Digital Markets Act, a legislation aimed at regulating the behaviour of large tech companies and strengthening the rights of consumers and smaller companies.

The case, which continues to illustrate the complexities and nuances of the EU Digital Markets Act's implementation, pits 1&1, the parent company of GMX/Web.de, against Google. The plaintiff cited the EU Digital Markets Act as a reason for Google to offer fair competitive conditions.

Google, in response, emphasized that most of the claims were rejected in the initial ruling. However, the court criticized Google for automatically creating a Gmail account for users, even after users provide a phone number. Despite Google's alterations in practices, the court finds the changes inadequate, as users are still automatically assigned a Gmail account.

The company's stance underscores the potential for conflicting interests in regulating large tech companies. Google expressed concern that such rulings could jeopardize the goal of the Digital Markets Act, namely the harmonization of rules. The company believes that these rulings could lead to more bureaucracy, especially when simplification is demanded for innovations.

1&1 CEO Michael Hagenau considers the ruling significant and sends a positive signal for competition and consumers. He sees it as a clear sign of digital sovereignty. The EU Digital Markets Act requires large platform operators like Google to offer fair competitive conditions, a move that could enable users to make more conscious decisions for European providers with higher data protection.

The European Commission is responsible for the appeals procedure against the Regional Court of Mainz's ruling regarding the Google decision under the EU Digital Markets Act. The ongoing case underscores the potential challenges in implementing the EU Digital Markets Act, as Google has lodged an appeal against the ruling.

The ruling's implications extend beyond this case, as it underscores the importance of user choice and competition in the digital market. As the EU Digital Markets Act continues to unfold, it is expected to bring about significant changes in the tech industry, fostering a more competitive and user-friendly digital landscape.