Net Neutrality in Germany 2025/2026 (Bundesnetzagentur)

Summary

• The annual report covers the reporting period May 2025 to April 2026.p.2
• Regulation (EU) 2015/2120 aims to create common rules for the equal and non-discriminatory treatment of traffic in the provision of internet access services.p.6
• BEREC published guidelines on 30 August 2016, revised them twice, most recently on 14 June 2022.p.6
• In Germany, the Bundesnetzagentur is responsible for enforcing the net neutrality rules.p.8
• On 28 November 2025 the Higher Regional Court of Cologne dismissed an action against the "5G+ Gaming" add-on option.p.11
• The Bundesnetzagentur found that a heavy-user deprioritisation clause violates the general equal treatment requirement.p.11
• The interim relief application against the Bundesnetzagentur's decision was rejected on 21.10.2025.p.11

Key insights

1. The Bundesnetzagentur often acts following a complaint, using a complaint-based approach.p.8
2. Traffic management measures must be transparent, non-discriminatory and proportionate to count as reasonable.p.10
3. Consumer groups filed a complaint about the dimensioning of IP interconnection interfaces.p.9
4. Network blocks ordered under EU sanctions law or copyright law can be consistent with net neutrality.p.12
5. The CUII is a joint initiative of rights holders and four large German internet access providers for DNS blocks.p.12