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Wednesday, May 10, 2017

Netherlands Zero Rating Case 20 April

ROT 17/468, ROT 17/1160 and ROT 17/1932 T-Mobile v. Ziggo BV , Ziggo Services BV , Vodafone Libertel BV
Google Translate:  ACM has ordered T-Mobile to discontinue the provision and execution of the Data Free Music service under forfeiture of a penalty payment. At the hearing it appears that VodafoneZiggo disagrees with the far-reaching suspension by ACM of the burden during a possible preliminary question. The objection lodged at the sitting - as part of the plea note - indicates that the court should have been forwarded within the meaning of Article 7: 1a, 6th of the Awb. ACM takes the view that zero rating is contrary to Article 3, second and third paragraphs, of the Network Neutrality Regulation and with Article 7.4a, third paragraph, of the Tw. The court is of the opinion that the neutrality regulation and in particular Article 3 of the Regulation undoubtedly contains no categorical prohibition of price discrimination ("acte clair"). Article 7.4a, third paragraph, of the Tw is therefore unequivocally contrary to the network neutrality regulation. In this connection, the court notes that no other conclusion is possible than the national legislature has acted against by better understanding by Article 7.4a, third paragraph, of the Tw, in spite of the establishment history and the text of Article 3 of the Network Neutrality Regulation , Based on "further examination of the text of the Regulation".

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