Telecoms ruling may bring fairer deals in Germany

By Peter Chapman

Date: 15/01/04

A RULING by European Commission telecom watchdogs could pave the way for companies to launch legal action to ensure they get a fairer deal in Germany, industry experts said this week.

A committee of Commission competition and telecom officials ruled that the Finnish regulator should ignore national laws if they conflict with new European rules governing communications.

The Finnish regulator was told that mobile phone companies should face controls to ensure they do not over-charge other companies for connecting them to mobile networks - a requirement under current EU rules.

Andy Tarrant, EU regulatory affairs director of the European Competitive Telecommunications Association, told European Voice that the ruling would deal a similar blow to mobile phone firms in the Union's biggest market, Germany.

Draft rules before the German parliament do not go as far as the EU law, which entered into force last July. Tarrant said that would place the onus on the German telecom regulator to take the lead, and ensure firms get a fair deal from big mobile operators, such as market leader T-Mobil.

At the same time, Tarrant said firms would be likely to take direct legal action in Germany if they are denied their rights. These might include individual members of ECTA, one of Europe's largest telecom bodies, or the group acting together - though he stressed a decision has not been taken.

A Commission spokesman confirmed the Finnish ruling by the so-called Article 7 Task Force of officials. This body vets decisions taken by national regulators to make sure they do not undermine the single market for communications.