In today's judgment in favor of the National Media and Communications Authority (NMHH), the European Court of Justice ruled in favor of the defendant in the joint preliminary ruling procedure before the Luxembourg body in connection with the dispute with Telenor Hungary. The mobile service provider challenged the authority's 2017 decision on compliance with EU net neutrality regulations and the cessation of the infringing status in a Hungarian court, which also became the first comprehensive European test of the relevant EU-level legal system.
In January 2017, NMHH stated that Telenor's two data options, MyChat and MyMusic, which provide an unlimited data frame for certain Internet services (zero rating), violate EU law on neutral Internet, while other similar services are included in the standard tariff.
In the Authority's view, the service provider deviated from the requirements of the EU Net Neutrality Regulation in two respects: on the one hand, it made an unjustified distinction between certain
This may encourage end-users to use the discounted applications and services and not to use them to highlight specific types of applications, such as music media and chat applications, as well as music streaming services and online radios. competitors, which can only be achieved under less favorable pricing conditions, the authority argued. Thus, the service provider had the opportunity to intervene in the competition between content providers, as it differentiated Internet traffic based on its content and source, which could lead to a distortion of competition in the content market.
Telenor challenged this decision in a Hungarian court in 2018 preliminary ruling from the European Court of Justice. Following a hearing on 4 March, the Court ruled today that
on the adoption of measures necessary to establish access to the open Internet to and on universal service and access to electronic communications networks and electronic communications 25 November 2015 amending Directive 2002/22 / EC on user rights for telecommunications services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union – i (EU) 2015 Article 3 of Regulation (EC) No / 2120 of the European Parliament and of the Council is to be interpreted as meaning that packages used by an Internet access provider to through end-user agreements enabling end-users to purchase a tariff package allowing unlimited use of a certain amount of data , without taking into account certain a applications and priority services and, once that amount of data has been exhausted, those applications and priority services may continue to be used without restriction while applying blocking or slowing down traffic to other available applications and priority services,
- are incompatible with paragraph 1 of this Article. as these packages, agreements and blocking or deceleration measures restrict the exercise of end-users' rights and
- are incompatible with paragraph 3 of that Article, since those blocking or deceleration measures are based on commercial considerations.
Due to the above-mentioned precedent nature, the case was of great international interest to the European Court of Justice, taking into account the arguments put forward by the Czech, German, Dutch, Austrian, Romanian, Slovenian and Finnish Governments, among others.
Gellert is Technology Editor at Counting News Media and contributor at other major tech publications. Her interests includes testing new gadgets and reading.