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The Department for Culture Media and Sport has successfully resisted a claim for over £400million in Francovich damages over the compatibility with EU telecommunications directives of its decision to maintain in force a commercial use restriction for GSM Gateways.
The High Court held that DCMS was justified in relying on public security concerns in imposing and maintaining the restriction for multi-user gateways.
On an alternative case relating to single-user gateways, the Court found that the restriction was disproportionate but found that that infringement did not constitute a manifest and grave disregard of the UK’s obligations under EU law such as to justify Francovich damages.
Philip Moser QC and Brendan McGurk acted for DCMS.
Dan Beard QC acted for the Home Office, intervening.
Click here to read the full judgment in Recall Support Services v Secretary of State for Culture Media & Sport
Ligia Osepciu wrote the following case note on Recall Support Services Limited et al v Secretary of State for Culture Media and Sport.