Some fucking case law

Question 1

Explain the facts of the Magyarorszag case

Answer 1

-Telenor (Hungarian company)
-Offers its customers two “preferential access” packages
-data usage from certain specific applications and services did not count toward the data consumption allowances purchased by customers
-customers were able to continue to use those specific applications and services even after the allowance maximums have been reached

Question 2

Explain the ruling of the court in the Magyaroszag case

Answer 2

-Any measures blocking or slowing down traffic are applied to the other applications and services available
-incompatible with Art. 3(2) read in conjunction with Art 3(1)
- traffic must be treated equally regardless of commercial considerations (Art 3(3)
-just give package where once data runs out no access, no discrimination in access

Question 2

Explain the facts of the Vodafone case

Answer 2

-Vodafone’s “zero tariff” packages
-only valid/works in territory of Germany