ECJ rules zero rating to be incompatible with net neutrality rules

23 November 2021

On 2 September 2021, the ECJ provided a landmark ruling on the application of the EU Net Neutrality Regulation. It deemed the common practice of zero rating – providing unlimited access to a specific kind of traffic as an add-on to the regular internet bundle – to be in violation of the principle of equal treatment of traffic in article 1 of the Net Neutrality Regulation. This judgment was met with surprise, as BEREC, the EU body of EU telecom authorities, had considered this practice to be acceptable for years. Pepijn van Ginneken and Hanneke Kooijman wrote a contribution to the Dutch Media Law magazine ‘Mediaforum’ on this ruling and its implications. You can access the contribution here (NL).