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The High Court granted an application by the national regulator for electronic communications, directing a service provider to provide customers with end-of-contract notifications and annual best tariff information following the expiry of minimum commitment periods in their contracts. The court found that contracts described as ‘of indeterminate duration’ but which impose a minimum contractual commitment period are subject to legal obligations to notify customers at the end of that period. The court held that the reality of the contractual relationship, rather than the label attached, determines its legal character, and that failing to give this information would undermine consumer protection and market competition objectives. The application for relief was granted as the provider had not been furnishing the mandatory information.
communications regulation – electronic communications services – minimum contract term – consumer protection – end-of-contract notification – best tariff advice – contract duration and termination – automatic prolongation – Communications Regulation Act 2002 – European Union (Electronic Communications Code) Regulations 2022 – Directive (EU) 2018/1972 – Article 105(3) – Regulation 89(6) – maximum harmonisation – statutory interpretation
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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