European Union: Court of Justice of European Union issued ruling in lawsuit relating to non-discrimination and traffic management obligations under Regulation on open internet access (National Authority for Management and Regulation in Communications v Telekom România Mobile Communications) (Case C-367/24)

On 10 July 2025, the Court of Justice of the European Union ruled on a preliminary reference from Romania concerning Regulation (EU) 2015/2120 on open internet access. The Court clarified that internet service providers, including Telekom România Mobile Communications, must treat all internet traffic equally and without discrimination. It found that a tariff option allowing unlimited video streaming without counting data against monthly allowances, but limiting the streaming bandwidth compared to other traffic breaches the Regulation, as this constitutes unequal treatment based on commercial rather than technical considerations. It was highlighted that such traffic management measures are not permissible unless strictly justified by limited exceptions like network congestion.