Bottoms up! Operators toast EU appeal victory over BULRIC termination rates

16 Sep 2016

The EU Court of Justice has ruled that the national court in the Netherlands has the power to make final decisions on the level of fixed and mobile termination rates, a judgement which potentially has significance for other countries across the EU. In August 2013 the Dutch Authority for Consumers and Markets (ACM) set the level of termination rates following the bottom up long run incremental costs (BULRIC) method proposed by the European Commission (EC). The decision was challenged by local telcos and their appeal was upheld by the country’s business tribunal (College van Beroep voor het bedrijfsleven, CBb), which ruled that higher rates should be set using the BULRIC Plus method. The EU court has now decided that the CBb has the final say on the rates to be set for 2013-16. According to a report from Telecompaper, ACM is due to make a ruling on new termination rates in the coming month.