In December of last year, the European Court of Justice
("ECJ" or the "Court") ruled against
Vodafone's standard charges levied on their customers for using
certain payment instruments when paying for their cable or internet
services, when such services are regulated by contracts which were
concluded before the implementation of Directive 2015/2366 (the
"Payment Services Directive" or "PSD2").
In the case of Vodafone Kabel Deutschland GmbH v
Bundesverband der Verbraucherzentralen und Verbraucherverbände
– Verbraucherzentrale Bundesverband
eV. Judgment of the Court (Ninth Chamber) of 2
December 2021, the ECJ secured a win for consumers against
Vodafone's interpretation of the prohibition of charges on the
use of payment instruments and services. The German Federal Union
of Consumer Organisations ("Federal Union") had opposed
certain charges by Vodafone to its customers and consequently
brought forth legal proceedings to seek remedy on such matter. The
presiding case