Case C-58/08 (Vodafone) [2010]

Case C-58/08 R (on the application of Vodafone Ltd) v Secretary of State for Business [2010]

Facts

  • A regulation (717/2007) adopted on the basis of At 114 TFEU set maximum roaming charges payable by a consumer’s home Member State network¬†to a foreign network¬†used by the home operator (for example fees paid by Vodafone UK to Vodafone DE for a Vodafone UK customer to use Vodafone DE’s network)
  • Vodafone challenged the validity of the regulation

Issue

  • Could the regulation be annulled due to the incorrect use of Art 114 TFEU

Decision

  • No

Reasoning

  • Wholesale prices (network-network) for roaming were already high, and the topic was of growing public concern
  • This growing concern made it likely that Member States would soon adopt measures limiting these prices, which would in turn create distortions in the roaming market across the EU
  • The regulation clearly had at its object the removal of obstacles to inter-state trade
  • The regulation was proportionate, notwithstanding a negative effect on networks
  • The principle of subsidiarity was not breached given the interdependence of retail and wholesale prices
RELATED CASE  Case C-392/93 British Telecommunications plc [1996]

Posted in EU Law Revision Notes.

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