The Times - UK (2020-10-14)

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the times | Wednesday October 14 2020 1GM 53


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Under European Union law, an in-


ternet access provider was not


permitted to favour certain
applications and services by sell-


ing customers a tariff that gave


unlimited access to those fa-


voured applications and services


while making the use of other ap-


plications and services subject to a
data cap, exceeding which would


lead to measures blocking or slow-


ing down access.


The Grand Chamber of the


Court of Justice of the European


Union so held on a reference for a
preliminary ruling by the F városi


Törvényszék (Budapest high


court, Hungary) in proceedings


between the internet provider, Te-


lenor Magyarország Zrt and the


Nemzeti Média- és Hírközlési Ha-
tóság Elnöke (president of the


National Communications and


Media Office, Hungary).


The Grand Chamber said that


Telenor, which was established in


Hungary, was a significant player
in the information and communi-


cation technology sector. It pro-


vided internet access services in


particular. The services offered to


its potential customers included


two packages known as “My
Chat” and “My Music”, respec-


tively.


My Chat enabled subscribing


customers, first, to purchase 1GB


of data and use it without restric-


tion until that data had been used


up, accessing freely the available


applications and services. More-


over, the use of six specific online
communication applications,


namely Facebook, Facebook Mes-


senger, Instagram, Twitter, Viber


and Whatsapp, which were


covered by a “zero tariff”, was not


deducted from that 1GB data limit.


Clarence House
13th October, 2020
The Duchess of Cornwall,
President, this afternoon visited
Ebony Horse Club, 51 Millbrook
Road, London SW9.
Her Royal Highness
afterwards visited Dwaynamics
Boxing Gym, the Arches, 282
Belinda Road, London SW9, and
was received by Mrs Rosemary
Prescott (Deputy Lieutenant of
Greater London).

Kensington Palace
13th October, 2020
The Duchess of Cambridge,
Patron, National Portrait Gallery,
this morning received Dr Lemn
Sissay (Poet and Artist).

JESUS came to them and said: I have
been given all authority in heaven and
on earth! Go to the people of all nations
and make them my disciples. Baptize
them in the name of the Father, the
Son, and the Holy Spirit. Matthew
28.18-19 (CEV)

Births, Marriages and Deaths http://www.newsukadvertising.co.uk


Births


LUBBOCK on 9th October 2020 to Claire
(née Felgate) and Richard, a daughter, Lily
Rosemary, sister to Leo.

Forthcoming Marriages


MR E. HART
AND MISS A. BARCLAY
The engagement is announced between
Eddie, son of Mr and Mrs Tim Hart of
Market Overton, Rutland, and Antonia,
daughter of Mr and Mrs Julian Barclay of
Middleton, Norfolk.

MR S. TIPPER-HALE
AND MISS A. C. BIRD
The engagement is announced between
Samuel, son of Mr Bruce Tipper and Mrs
Judith Hale, of Castelletto, Tuscany, and
Amelia, elder daughter of Mr and Mrs
Anthony Bird, of East Meon, Hampshire.

MR T. J. BROCKLEBANK-FOWLER
AND MISS K. N. ESCUE
The engagement is announced between
Timothy John, younger son of the late Mr
Christopher Brocklebank-Fowler and the
late Mrs Joan Brocklebank-Fowler of
London, and Kathryn Nicole, only daughter
of the late Dr Henry Merritt Escue of
Atlanta, Georgia, and of Mrs Rosalynn
Jenkins, of Jacksonville, Florida.

MR C. BRAND
AND MISS L. MITCHELL
The engagement is announced
between Christopher, son of Mr and
Mrs Robin Brand of Spalding,
Lincolnshire, and Lucy, daughter of Mr
and Mrs John Mitchell of Waddington,
Lincolnshire.

Deaths


ANNS Raymond Frank Charles OBE
passed away on 30th September 2020,
aged 82. The world has lost a true
gentleman. Rest in peace, Dad, love Carole
and Janet.

CAHILL David Joseph passed away
peacefully on 12th October 2020, aged 67.
Loving husband of Patricia and father of
Michael and James. Retired district judge of
Warrington, Tameside and Bradford.
Donations in lieu of flowers to Macmillan
Cancer Care.

CORFE Kerstin Rosemarie died on 24th
September 2020, aged 89. A great
grandmother, a great character and a great
loss. Peacefully passed away at Maidstone
Hospital. Donations to Cancer Research c/o
TWB.

JAGGARD Anthony John Thorrold on
10th October 2020, aged 84, died
peacefully at home with his family at his
side. Beloved husband of Janie and dearly
loved father of Victoria, Charlotte, Sarah
and Simon, grandfather and great-
grandfather. Requiescat in pace.

MILLER Keith Gordon of Midhurst and
formerly Itchenor died peacefully at home
on 5th October 2020, one week after his
93rd birthday. Much loved husband to Pat,
a wonderful father to Janet, Carol and
Debbie and father-in-law to Martin, Peter
and Adam. He was a devoted grandfather
and best chum to Rob, Jo, Lauren, Chris,
Leah, Jake and Freddie. He hugely enjoyed
his family and friends together with rugby,
hiking, sailing and golf. A lifelong but
distant Everton supporter, he was happily
able to acknowledge their position at the
top of the Premier League. Private family
cremation with a celebration of life to
follow when allowed.

MORGAN Michael Charles Stanford
passed away on 8th October 2020 at his
Riversdale home. Raised in Harrow, he
travelled the world as a civil engineer,
including three years in Jamaica. With
passions spanning opera, animal welfare
and Chelsea FC, above all he was the rock
of his family. He met his wife, the concert
pianist Valerie Childs, as teenagers through
the Methodist church. Their lifelong bond
was pure magic. He was a model
gentleman, loving husband and
inspirational father to his children,
Samantha and Lawrence, and
grandchildren, Harvey and Jasper.

NEAL Susan Margaret (née Clay) passed
away at home on 14th September 2020,
aged 82. Beloved wife of Roger. A private
funeral will be held.

THISTLETHWAYTE Peter died on 8th
October 2020, aged 87. Darling husband of
Sarah. At home, surrounded by his family
and his dogs. Family funeral. Thanksgiving
service to be announced. Donations, if
wished, to the Stroke Association c/o
Hunnaball, C02 7QT, http://www.hunnaball.co.uk

TOLLEMACHE Sir Lyonel Humphry
John, Bt, died peacefully on 7th October
2020, aged 89. Loving husband of Mary
and father of Katheryne, Thomas
(deceased), Richard and Henrietta and
devoted grandfather of Alice, James, Harry,
Libby and Annabel. He will be greatly
missed by all he touched. Family funeral.
No flowers but donations, if desired, to
Warwickshire and Northamptonshire Air
Ambulance, Derbyshire, Leicestershire and
Rutland Air Ambulance and Buckminster
PCC c/o Robert Holland, funeral director, 14
St Catherine's Road, Grantham, NG31 6TS.
Tel: 01476 594422.

WARD Alec died peacefully in hospital on
4th October 2020, aged 88. Beloved
husband of late Peggy, father to Debbie,
Peter and Colin and a loving grandad to
Katie, Jessica, Matthew and Ella. Service
and cremation will take place at Skipton
Crematorium on Monday 26th October at
11.40am. No flowers please. Donations, if
desired, to the RSPB or the National Trust
may be sent to H Eaton & Sons, Ashlands
Road, Ilkley, West Yorkshire, LS29 8JT.

WISE Gordon passed away peacefully on
4th October 2020, aged 97. Born Atherton,
Queensland, 25th March 1923, died
Ticehurst, East Sussex. Much loved and
loving husband of Marjory and father of
Gordon.

Services


HMS ROYAL OAK
Remembering the 835 men and boys
lost on HMS Royal Oak on 14 October
1939 in Scapa Flow.
Shipmates always remembered,
relatives never forgotten.
“Old but Firm”.

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discuss great lives on Times
Radio, Monday to Thursday
at 1.45pm

Legal notices


Law Report


Internet packages cannot exclude certain


applications and services from a data cap


Second, the My Chat package
provided that once the 1GB of data
had been used up, subscribers
could continue to use those six
specific applications without re-
striction, whereas measures slow-
ing down data traffic were applied
to the other available applications
and services.
My Music was a package avail-
able in three different formats, My
Music Start, My Music Nonstop
and My Music Deezer, which were
accessible to customers with a
pre-existing internet-access ser-
vices package.
Those formats enabled sub-
scribers, first, to listen to music on-
line using four music streaming
applications in particular — Ap-
ple Music, Deezer, Spotify and
Tidal — and six radio services,
and the use of those zero-tariff ap-
plications and services was not de-
ducted from the data volume in-
cluded in the format purchased.
Second, the My Music package
provided that once that data vol-
ume had been used up, subscribers
could continue to use those specif-
ic applications and services with-
out restriction, whereas measures
blocking or slowing down data
traffic were applied to other avail-
able applications and services.
The Hungarian National Media
and Communications Office
made two decisions determining
that My Chat and My Music intro-
duced traffic-management meas-
ures that did not comply with the
obligation of equal and non-dis-
criminatory treatment laid down
in article 3(3) of Regulation (EU)
2015/2120, laying down measures
concerning open internet access.
Telenor brought proceedings
against both decisions before the
Hungarian high court, which re-
ferred the matter to the Court of
Justice for a preliminary ruling.
In accordance with article 3(2)
of Regulation 2015/2120, first,
agreements concluded between
providers of internet access ser-
vices and end users and, second,
commercial practices conducted
by those providers could not limit
the exercise of end users’ rights
laid down in article 3(1). Those
rights included the right to use
content, applications and services
via an internet access service and
the right to provide such content,
applications and services via that
same service.

The first subparagraph of arti-
cle 3(3) of regulation 2015/2120
provided, first of all, that providers
of internet access services had to
treat all traffic equally without
discrimination, restriction or in-
terference, irrespective, inter alia,
of the applications or services
used.
The second subparagraph of ar-
ticle 3(3) went on to state that the
first subparagraph of article 3(3)
should not prevent providers of
internet access services from im-
plementing reasonable traffic-
management measures.
It clarified that, to be deemed
reasonable, such measures had,
first, to be transparent, non-dis-
criminatory and proportionate,
second, should not be based on
commercial considerations but on
objectively different technical re-
quirements of specific categories
of traffic and, third, should not
monitor content or be maintained
for longer than necessary.
The third subparagraph of arti-
cle 3(3) stated that providers of in-
ternet access services should not
engage in traffic-management
measures that went beyond those
set out in the second subpara-
graph of article 3(3), and could not
in particular block, slow down, al-
ter, restrict, interfere with, de-
grade or discriminate between
specific applications or services,
or specific categories thereof, ex-
cept as necessary, for a fixed
period, in order to:
(i) comply with EU legislative
acts, national legislation that
complied with EU law or meas-
ures giving effect to such EU legis-
lative acts or national legislation;
(ii) preserve the integrity and
security of the network, of ser-
vices provided via that network,
and of the terminal equipment of
end users; or
(iii) prevent network conges-
tion and mitigate its effects.
Those provisions of the regula-
tion sought to safeguard equal and
non-discriminatory treatment of
traffic in the provision of internet
access services and related end
users’ rights.
An agreement by which a given
customer subscribed to a package
whereby once the data volume in-
cluded in the tariff purchased had
been used up, that customer had
unrestricted access only to certain
applications and services covered

by a zero tariff was liable to entail
a limitation of the exercise of the
rights set out in article 3(1) of regu-
lation 2015/2120. Whether such an
agreement was compatible with
article 3(2) had to be assessed on a
case-by-case basis.
Packages, which fell within the
scope of a commercial practice
within the meaning of article 3(2),
were, in the light of the cumulative
effect of the agreements to which
they might lead, liable to increase
the use of certain specific applica-
tions and services, namely those
which could be used without re-
striction on a zero tariff once the
data volume included in the tariff
purchased by customers had been
used up.
They were, accordingly, liable
to reduce the use of the other ap-
plications and services available,
having regard to the measures by
which the provider of the internet
access services made that use
technically more difficult, if not
impossible.
The greater the number of cus-
tomers concluding subscription
agreements to such packages, the
more likely it was that, given its
scale, the cumulative effect of
those agreements would result in
a significant limitation of the exer-
cise of end users’ rights, or even
undermine the very essence of
end users’ rights.
It followed that the conclusion
of such agreements on a signifi-
cant part of the market was liable
to limit the exercise of end users’
rights, within the meaning of arti-
cle 3(2) of regulation 2015/2120.
In the present case, measures
blocking or slowing down traffic,
which fell within the scope of arti-
cle 3(3) of regulation 2015/2120,
were applied in addition to the ze-
ro tariff enjoyed by the end users,
and made it technically more diffi-
cult, if not impossible, for end
users to use applications and ser-
vices not covered by that tariff.
Consequently, those measures ap-
peared to be based on commercial
considerations, rather than on ob-
jectively different technical quali-
ty of service requirements for spe-
cific categories of traffic.
Packages of the type in issue
were incompatible with article 3 of
regulation 2015/2120 where the
measures blocking or slowing
down traffic were based on com-
mercial considerations.

Court of Justice of the
European Union
Published October 14, 2020


Telenor Magyarország Zrt v


Nemzeti Média- és Hírközlési


Hatóság Elnöke
Same v Same


(Joined Cases C-807/18 and
C-39/19)
Before K Lenaerts, president, R Silva de
Lapuerta, vice-president, J-C Bonichot,
M Vilaras, E Regan, S Rodin and
I Jarukaitis, presidents of chambers and
judges E Juhász, M Ileši, J Malenovský
(rapporteur), L Bay Larsen, F Biltgen,
A Kumin, N Jääskinen and N Wahl
Advocate-general: M Campos Sánchez-
Bordona
Judgment September 15, 2020


St James’s Palace
13th October, 2020
The Earl of Wessex, Trustee, The
Duke of Edinburgh’s Award, this
morning attended a Seminar via
video link.
The Countess of Wessex,
President, the Shire Horse
Society, this morning attended
the Annual General Meeting via
video link.
Her Royal Highness, Patron,
Royal College of Speech and
Language Therapists, this
afternoon attended a Meeting via
video link.

St James’s Palace
13th October, 2020
The Princess Royal, formerly
Patron, the Woodland Trust’s
Jubilee Woods Project, this
afternoon visited the Woodland
Trust’s Queen Elizabeth
Diamond Jubilee Wood, Heather
Lane, Normanton le Heath, and
was received by Her Majesty’s
Lord-Lieutenant of Leicestershire
(Mr Michael Kapur).

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