EU Court of Justice rules that telecom operators need to intercept communications in return for a fixed rate if requested by judicial authorities

The Court of Justice of the European Union has ruled that telecommunications operators in the European Union may be obliged to provide communication interception operations to judicial authorities upon request in return for a fixed rate. The EU law does not require full reimbursement of the costs actually incurred by the operators. The Court notes that the EU Electronic Communications Code provides member states with discretion in making general authorisations for electronic communications networks and services, subject to certain conditions, including enabling legal interception by competent national authorities. The Court found that Italy’s legislation requiring fixed unit rates for reimbursements to operators for interception operations was non-discriminatory, proportionate, and transparent, and thus in accordance with the EU law.