XS4ALL has an exclusive right to the use of its computers, transmission capacity and database of customers. If one (like Ab. Fab.) uses property which is for the exclusive use of someone else (XS4ALL) without permission, and one makes an infringement on that right, this qualifies as a wrongful act unless there is a justification. Article 10 ECHR gives no justification for the making an infringement on a good which is for the exclusive use of someone else.
Art 11.7 Telecommunication Act does not apply to electronically send messages, and directive 97/7 and 97/66 that are implemented with this law lead tot the same conclusion.