Four leading European mobile telephone operators, Vodafone, Orange, T-Mobile and Telefónica, have challenged the validity of the EU’s rules establishing a price ceiling for wholesale mobile roaming (the Roaming Regulation) before the High Court of England & Wales. The court asked the European Court of Justice (ECJ) to rule on whether the EU legislature was justified in adopting the legislation based on a provision under the EU Treaty concerning improvements to the functioning of the internal market. On 8 June 2010, the ECJ ruled that the Roaming Regulation introduced a common EU-wide approach to ensure that users do not pay excessive charges for EU-wide roaming services, and so that mobile network operators can operate within a single regulatory framework based on objectively established criteria. The object of the legislation was therefore to improve the conditions for the functioning of the internal market and could be adopted on the basis of Article 95 EC. The Court also concluded that the price ceilings and information transparency obligations were proportionate to the aim of protecting consumers against excessive charges.
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Regulation preventing excessive charges for mobile roaming is valid
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