Dutch telecoms regulator ACM has been overruled by a Rotterdam court decision allowing T-Mobile Netherlands to continue offering a zero-rated (mobile data charge-free) online music streaming package which the watchdog had said violated net neutrality guidelines. As reported by Telecompaper, the court rejected ACM’s case against T-Mobile, as it found that while the zero rating offer did indeed violate the Netherlands’ Telecommunications Law, the ‘ban’ on price discrimination in the Dutch law did not apply in this case, as the EU’s net neutrality regulation framework took precedence. The EU net neutrality guidelines do not include a blanket ban on price discrimination, the judge added, noting that the relevant article in the Dutch law contradicts the EU regulation. ACM will study the decision before deciding whether to take the case to the corporate appeals court within a six-week deadline.
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