The SkypeOut online service, which allows a subscriber to call fixed or mobile numbers, is an electronic communications service within the meaning of the Directive (2002/21/EC) governing the activities of electronic communications networks and services, the Court of Justice of the European Union ruled on Wednesday 5 June (Case C-142/18).
Skype Communications, the publisher of Skype software, offers additional functionality to the software (SkypeOut) that allows its user to call, from a device connected to Internet (computer, mobile phone, tablet), a fixed or mobile number on the public switched telephone network (PSTN) using Voice over IP (VoIP) technology.
As understood by a Belgian court, the Court notes that Skype Communications offers the VoIP service in Belgium and that it receives remuneration from its users, as the use of SkypeOut is subject to a prepaid subscription.
Using SkypeOut also requires the involvement of telecommunications service providers, who are authorised to transmit and terminate calls to fixed and mobile phone numbers via the PSTN. Skype Communications enters into agreements with them for this purpose and pays them a fee.
In conclusion, the Court considers that the provision by the publisher of software of a feature offering a VoIP service, which allows the user to call a fixed or mobile number from a national numbering plan, constitutes an “electronic communications service” within the meaning of the Directive if: - the provision of that service gives rise to remuneration for the publisher, and; - involves the conclusion by the publisher of agreements with telecommunications service providers.
As Skype Communications is subject to the Communication Services Directive, it will have to comply with its consumer protection provisions.
See the judgment: http://bit.ly/2In0oER (Original version in French by Mathieu Bion)