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Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-09/cp200106en.pdf

Court of Justice of the European Union

PRESS RELEASE No106/20

Luxembourg, 15 September 2020

Judgment in Joined CasesC-807/18 and C-39/19Telenor Magyarország Zrt.v Nemzeti Média-és Hírközlési Hatóság Elnöke

The Court interprets, for the first time, the EU regulation enshrining ínternet neutrality

The requirements to protect internet users’ rights and to treat traffic in a non-discriminatory manner preclude an internet access provider from favouring certain applicationsand services by means of packages enabling those applications and services to benefit from a ‘zero tariff’ and making the use of the other applications and services subject to measures blocking or slowing down traffic

The Telenor company, which is established in Hungary, provides internet access services in particular. The services offered to its customers include two packages with preferential access (known as ‘zero tariff’), and the specific feature of those packages is that the data traffic generated by certain specific applications and services does not count towards the consumption of the data volume purchased by customers. In addition, once that volume of data has been used up, those customers may continue to use those specific applications and services without restriction, while measures blocking or slowing down data traffic are applied to the other available applications and services.