(2010)
SUBSIDIARITY AND PROPORTIONALITY
WIDE MARGIN OF DISCRETION IN COMPLEX CASES
LEGAL ANALYSIS
Vodafone challenged a directive (legal base Art. 114 TFEU) which laid down the prices of retailroming in the UK and N-Ireland that have to be paid by public mobile networks. The directive determines what a consumer’s operator must pay to the foreign operator when that consumer uses the latter operator’s network (this is known as the ‘wholesale roaming charges’).
CJEU:
→ Appropriate and necessary measure in light of consumer protection (proportionality)
→ A wide margin of discretion must be accorded in difficult contexts. The directive can only be annulled if it is manifestly inappropriate (§52)
→ Given the interdependence of retail and wholesale charges, the community legislature could legitimately take the view that a common approach at Community level was necessary to ensure the smooth functioning of the internal market (subsidiarity)