Judgment of the Court (Grand Chamber) of 8 June 2010 (Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queens’s Bench Division (Administrative Court) (United Kingdom)) — The Queen on the application of Vodafone Ltd, Telefónica O2 Europe plc, T-Mobile International AG, Orange Personal Communications Services Ltd v Secretary of State for Business, Enterprise and Regulatory Reform

(Case C-58/08) (1)

(Regulation (EC) No 717/2007 - Roaming on public mobile telephone networks within the Community - Validity - Legal basis - Article 95 EC - Principles of proportionality and subsidiarity)

2010/C 209/04

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queens’s Bench Division (Administrative Court)

Parties to the main proceedings

Applicants: The Queen on the application of Vodafone Ltd, Telefónica O2 Europe plc, T-Mobile International AG, Orange Personal Communications Services Ltd

Defendant: Secretary of State for Business, Enterprise and Regulatory Reform

Interested parties: Office of Communications, Hutchison 3G UK Ltd, GSM Association

Re:

Reference for a preliminary ruling — High Court of Justice of England and Wales, Queens’s Bench Division (Administrative Court) — Validity of Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC (OJ 2007 L 171, p. 32) — Choice of legal basis — Validity of Articles 4, 2(a) and 6(3) of the regulation, imposing a maximum charge for roaming calls, in light of the principles of proportionality and subsidiarity

Operative part of the judgment

Consideration of the questions raised has disclosed no factor of such a kind as to affect the validity of Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC.

(1)  OJ C 107, 26.4.2008.