If the CJEU decides that German law is not compatible with E.U. law, the Germans will have to change their law to be in compliance with European rules, Van der Jeught said. A decision made by the CJEU will also apply to all other member states, which also would have to change their laws accordingly if necessary, he said.
"But it depends on how broad the interpretation is," he said, adding that the member states have to decide for themselves in what way they are going to make their laws compatible with E.U. rules.
How long the CJEU will take to reach a decision is impossible to say, but at the moment the court typically takes a year to a year-and-a-half to respond to cases, he added.
Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to email@example.com