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High Court dismisses £400 million Francovich damages claim in respect of GSM Gateways


On 17 October 2013 Rose J handed down judgment in Recall Support Services & Ors v Secretary of State for Culture, Media & Sport [2013] EWHC 3091 (Ch.) dismissing a £400 million claim for Francovich damages. The claim concerned the compatibility with EU telecommunications directives of a restriction on the commercial use of telecommunications equipment known as a GSM Gateway.

The Court considered that the restriction was justified by reference to the Home Office's public security concerns in respect of multi-user GSM Gateways. Although the restriction was disproportionate insofar as it applied to single-use GSM Gateways, the infringement was not sufficiently serious to warrant the award of Francovich damages.

The judgment is here.

Sarah Ford was Junior Counsel for the Home Office instructed by the Treasury Solicitor.