Recall Support Services Ltd v Department for Culture Media and Sport [2013] EWHC 3091 (Ch)

The High Court has held that the UK's current restrictions on the commercial deployment of GSM Gateways are contrary to EU law.

In a claim for damages against the UK Government based upon the Claimants' inability to deploy GSM Gateways (which enable a fixed to mobile call to be terminated over the air interface at lower cost), the High Court ruled:

(1) That the current ban on commercial use could not be justified on harmful interference and spectrum efficiency grounds.

(2) That the ban could be justified on public security grounds, but only to the extent that it outlawed "multi-user" applications of GSM Gateways.

(3) That the Claimants had suffered loss as a result of the restriction.

(4) That, however, the UK's breaches of EU law were insufficiently serious to warrant the imposition of damages liability.

The judgment discusses a number of important issues of EU and domestic law, including whether a power for a Minister to give a direction to Ofcom on national security grounds, which was not exercised, may override a duty upon Ofcom contained in primary legislation.

Monica Carss-Frisk QC and James Segan acted for the Claimants.