February 21, 2025 – Elon Musk’s social media platform, X (formerly Twitter), has successfully secured a German court motion to remove a judge overseeing a contentious legal dispute with two activist groups over access to election data. Court documents reviewed by Reuters on Friday confirmed the decision, marking a significant development in the ongoing battle between X and civil society organizations advocating for transparency in the upcoming German elections.

Earlier this month, a regional court in Berlin ruled in favor of Democracy Reporting International and the Society for Civil Rights, ordering X to grant the groups real-time access to social media data related to the German elections on February 23. The activists argued that such access was crucial for monitoring misinformation and disinformation in the lead-up to the vote and for two days afterward. The court’s order aimed to enhance transparency and safeguard the electoral process by allowing independent monitoring of potentially harmful online narratives.

In response, X not only filed an appeal but also sought the removal of a judge from the case, citing potential bias. According to X, the judge had “positively engaged” with social media content from the plaintiffs, raising concerns about impartiality. While the court accepted the motion to remove the judge, motions to disqualify two additional judges were dismissed. The decision was confirmed by the court and both activist groups, though U.S. law firm White & Case, representing X, declined to comment.

The legal battle is taking place against a backdrop of escalating tensions between Elon Musk and Germany’s political establishment. Musk has previously criticized Chancellor Olaf Scholz, referring to him as a “fool,” and has shown support for the far-right Alternative for Germany (AfD) party. This political friction adds complexity to the legal proceedings, as Musk’s public statements have heightened scrutiny of his company’s operations in Germany.

The activist groups maintain that X has a legal duty to provide accessible and collated information, including metrics on post reach, shares, and likes. They argued that while this data is technically available through manual searching, the scale of the task makes it virtually impossible to access effectively without direct support from the platform.

On the other hand, X has framed its resistance to the court order as a defense of user privacy and freedom of expression. The company announced earlier this week that it plans to sue the German government in both state and federal courts. “X believes that these legal demands for user data are unlawful and has taken cases in both German federal and state courts challenging the lawfulness of the government’s overreach into our users’ privacy and freedom of expression,” its global government affairs division said on X.

The German digital affairs ministry acknowledged X’s statements but noted that no formal lawsuits had yet been filed. A preliminary injunction hearing is scheduled for February 27 at 0930 GMT, with the two remaining judges expected to rule on the case. Although the delay prevents the activist groups from accessing real-time data within their critical time frame, the court’s decision could set a legal precedent for future cases involving social media transparency and electoral integrity.

In a related development, Musk and officials from the newly established U.S. Department of Government Efficiency (DOGE) are reportedly pursuing an ambitious plan to downsize the federal bureaucracy. The initiative aligns with President Donald Trump’s broader agenda to reduce government costs and increase operational efficiency.

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