Today, the Court of Justice decided that the Commission could impose retail and wholesale caps for roaming charges on the basis of Article 95 (old) of the EC Treaty. The decision of the Court follows the opinion of the AG.
However, it remains to be seen if the maintenance of a retail and wholesale price regulation with specific rates established at the EU level is a viable solution in the long term... In this regard, the Commission has already commissioned a study to evaluate how to regulate roaming. In view of the Commission's lack of power to adopt binding decisions on remdies in the new framework (if one exclude Article 19 decisions), it will be interesting to see what option are proposed...
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