The Court of Justice of the EU (CJEU) ruled in a judgment handed down on Thursday, 15 April, (case C-515/19) that the increased use of ground components in the context of a mobile satellite system is “possible” as long as it does not distort competition and as long as this component of the satellite system has “real and specific usefulness”.
EUTELSAT (the European Telecommunications Satellite Organization) brought before the French Council of State an action seeking to overturn the 2018 decision of the French Authority for the Regulation of Electronic Communications and Postal Services to allow its competitor Inmarsat Ventures SE to use complementary ground components (CGCs) in the context of mobile satellite systems with the intention of providing in-flight internet connection services.
The [French] high administrative court referred the matter to the CJEU for clarification in light of Decision 626/2008/EC on the selection and authorisation of systems providing mobile satellite services (MSS).
In the CJEU’s opinion, a mobile satellite system does not necessarily have to be principally based on a satellite component. The use of the term “complementary” included in the term “complementary ground components” does not indicate anything about the relative importance of the satellite and ground components.
In the European judges’ opinion, the ground component must have “real and specific usefulness” and be “necessary” for the functioning of that system (for example, should the satellite component fail) and must not distort competition.
Consequently, the use of CGCs is possible—according to the CJEU—provided that it respects the principles of competition and is necessary to ensure the proper functioning of the service provided.
To consult the judgment: https://bit.ly/3wVhtON (Original version in French by Pascal Hansens)