Mobile firms prepare roaming charges complaints

The big four mobile telecoms firms in the UK are expected to launch a case against the European Commissions' enforced roaming charges cuts, soon.

Reports early in the week suggested that such action might take place, and IT Week has had some confirmation from the parties involved. The firms are reacting to the recently enforced ruling that has led them to cut the amount they charge customers for making, and receiving calls when out of the country.

Although T-Mobile and Vodafone were reluctant to comment, Simon Lloyd, head of media relations at Telefónica O2 Europe said, "Preliminary discussions are under way between the operators, but there's nothing hard and fast happened yet. Our concern is the legal manner way in which the EU regulations were applied in this case. It's not about trying to get the roaming charge reduction reversed - we've taken that on the chin."

A spokesman for Orange added, "currently no action has been taken, however we can confirm that we are considering our legal position. If any challenge were to take place it would concern the way the regulation was introduced…"

Robert Bell, of lawyers Nabarro, said that if they were to pursue any claims, the telcos may have a case and could challenge the regulation before the European Court of Justice. "Their action is likely to be based on the grounds that the EU has misused its powers… The operators will argue that the regulation does not fulfill the harmonization condition as it sets a single rate for roaming, and thus is acting as a price regulator."

Bell said that the time to launch such a complaint was running out, and warned the firms that they may fail in their claims.