The UK Supreme Court considers Article 20 of the EU Framework Directive and finds no justification for the Court of Appeal to set aside the analysis of the CAT as regards ladder pricing in wholesale termination charges for certain non-geographic telephone numbers (BT / Telefónica O2)

Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court* The Supreme Court handed down on 9 July 2014 its judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”). This is the Supreme Court’s first foray into the arcana of the EU framework for telecommunications regulation and, in particular, the dispute resolution jurisdiction of national

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  • Blackstone Chambers (London)

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Tom Richards, The UK Supreme Court considers Article 20 of the EU Framework Directive and finds no justification for the Court of Appeal to set aside the analysis of the CAT as regards ladder pricing in wholesale termination charges for certain non-geographic telephone numbers (BT / Telefónica O2), 9 July 2014, e-Competitions Telecom & Dominance, Art. N° 67798

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