Capping Charges For Foreign Mobile Phone Use.

It was held by the Grand Chamber of the Court of Justice of the European Union that

no principles of European Union Law were infringed in capping charges made by mobile telephone operators to customers for calls made outside their home state but still within the Community.

The mobile telephone provider had brought judicial proceedings in the High Court challenging the validity of the Mobile Roaming Regulations which came into effect in the U.K. The mobile phone provider argued that the regulation was invalid as the legal basis upon which it was adopted was inadequate and disproportionate.

The High Court referred these questions to the European Court for the European Court for a preliminary ruling.

According to the courts established case law, measures that are adopted on the basis of article 95(1) EC, such as this regulation; have to have their objective be the improvement of the conditions for the establishment and functioning of the internal market.

The referring court asked whether the principles of proportionality and subsidiary were infringed by reason that the Regulation imposed (i) a ceiling on both wholesale charges, charges as between networks, and retail charges, charged to the customers, and (ii) an obligation to provide information on those charges to customers.

The principle of proportionality required that measures implemented through Community law provisions be appropriate for attaining the legitimate objectives pursued by the measures and not go beyond what was necessary to achieve them.

On those grounds, the court ruled that the regulations were valid.

by: Antonia Torr

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