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News Review France and Germany

"Nein" to Apple this time!

The Düsseldorf court says no to Apple  by refusing to ban the commercialisation of the new Samsung tablet in Germany.

Yesterday the Düsseldorf regional court stated, as expected, that the Samsung Galaxy 10.1. N looked different enough from the iPad to be commercialised in Germany, thus rejecting Apple's request to forbid its competitor's new product for design patent infringement.

The Düsseldorf court is considered as rather open to right holders concerns, but here maybe Apple went to far this time in its design dispute with Samsung?

"Oui" to French consumers!

A French consumers' association UFC Que-Choisir give some fresh air to its telecom market.

The French consumers' association 'UFC Que-Choisir' gives a three week- ultimatum to French mobile operators to improve the transparency of their contracts to consumers, before considering legal action.

Since Free entered the French market a couple of weeks ago, there is a multiplicity of contract offers from the operators, substantial decrease of selling prices and improved conditions, like subscriptions without (often two-year) term obligations . However UFC Que-Choisir still detected abusive commercial practices and contract terms that should be removed according to French consumer law, like the one that consist in offering 'unlimited' limited access subscriptions!!

La Poste Mobile, the virtual mobile operator using the SFR infrastructure, offers unlimited voice communications...actually limited to 200h communication per month. Even if it's a lot, it's... Limited. We have even better from Numericable that offers an 'unlimited' 14h conversation/month subscription...

SFR or Free do offers that are unlimited...But could actually be limited unilaterally by the operator when it considers the communication as being 'inappropriate' or not morally convenient. These are vague notions that can be interpreted in any way possible, according to Alain Bazot, President of UFC Que-Choisir.

Other points of concern from the association: the terminal locking by SFR or Orange when the consumer makes a new subscription, which do not foresee any duration obligation, or the non respect by other companies, like La Poste Mobile, of the law giving the right to consumers to keep their phone number when they change from operator, including without suffering a 'disproportionate' line interruption.

UFC Que-Choisir is a serious, visible and respected consumers' protection association that could get the operators change their bad practices, let's see what happens in the coming three weeks...

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Where are references to the Free case? We also have problems with long contracts in Spain and Movistar just made a move to not have it like this anymore. Would be interesting to see similar news from France.

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