Telecoms services may not be conditional upon the acceptance of the additional, unwanted services - EU court

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The EU countries are entitled to prohibit electrocommunications companies to condition users to access some service subscription to another service wich users maybe do not really want, according to the European Court of Justice (ECJ), in acordance with the simmilar case in Poland.

Telecommunications companies can offer packages of services, provided by the user is not forced to accept those, as to this Court's decision.

Such is the Verdict concluded the dispute between the leading Polish telecommunication operator "Telekomunikacja Polska" (TP) and the Polish Regulator of the telecommunication services market (UKE).

UKE at the end of 2006th declared as illegal the TP's practice to offer customers 'fast-connection to the internet' service only under the condition that the costumer must have subscription to this operator's fixed telephone line.

TP appealed to the ruling Polish court, which subsequently requested the opinion of the European Court of Justice in Luxembourg.

"EU regulations can not exclude national laws, due to the protection of an end-users, prohibits to a company to conclude contracts on the provision of telecommunications services provided to an end-user agrees to the termination of the contract on the provision of other services." - the ECJ decided.

The court, however, warned that EU laws went into effect in December 2007th provide that national regulators may not generally prohibit all offers telecom-related companies.

This means that TC operators generally must offer such combined services, provided by clients are not forced to accept.



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