BASE wins Brussels Court of Appeal case regarding mobile telecom termination fees

Client(s) Base N.V.

Jones Day obtained a favorable outcome for our mobile telecommunications client BASE, KPN's subsidiary in Belgium, from the Brussels Court of Appeal. The ruling suspends a decision by the regulator which had required a reduction of BASE's mobile termination fee. This outcome is significant for BASE as it suspends the enforcement of a substantial rate reduction. The judgment is also remarkable given that suspension decisions are very rare, and it is the first judgment in the EU in which a Court has ruled on the actual level of rate regulation by applying sector specific and competition law considerations.