Does the concept of ‘sending’ within the meaning of Article 2(h) of Directive 2002/58/EC (1) cover a situation in which a message is not transmitted by a user of an electronic communications service, via a service provider, to the electronic ‘address’ of a second user, but, as a consequence of the opening of the password-protected web page of an email account, is automatically displayed by ad servers in certain areas designated for that purpose in the email inbox of a randomly selected user (inbox advertising)?
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