On 31 August 2011, the Dutch Court of Appeal (CBb) ruled that a decision of the Dutch telecommunications regulator (OPTA) on the regulation of mobile termination rates at so-called "Pure" BULRIC levels is unjustified. The Court determined that over the course of the current regulation period, the rates should instead be set at the level of Plus BULRIC.
The Pure BULRIC approach was considered to be incorrect in the case of both MTA and FTA. The Court decided to not to refer the case back to OPTA for a new decision with respect to MTA, but itself set the rates based on Plus BULRIC. With respect to FTA, it referred the case back to OPTA for a new decision, as it decided there may be uncertainty with respect to the cost elements involved, and in the interim provided for an interlocutory measure. The Netherlands is the first country in Europe where a court has decided on this issue.