SKY IRELAND HAS been found by the High Court to be in breach of EU obligations to provide its customers with end of contract notifications.
In September 2024, the Commission for Communications Regulation (ComReg) started an investigation into Eircom, Virgin Media, Three, Vodafone and Sky about their compliance with EU regulations.
ComReg in particular focused on the provision of Best Tariff Advice and Best Tariff Information.
Eircom, Virgin Media, Three and Vodafone confirmed they were issuing End of Contract, Best Tariff Advice and Best Tariff Information notifications to their customers.
However, ComReg said Sky confirmed that it was not providing its customers with this information.
ComReg added that “Sky’s stated view was that it was not required to issue these notifications as its customers’ contracts were ‘contracts of an Indeterminate Duration’ and therefore outside the scope of Regulation”.
ComReg did not agree with this interpretation of the Regulation on the basis that Sky’s contracts included a minimum contractual commitment period.
End of contract notifications alert customers when their minimum term contract is about to expire and be auto prolonged and inform customers on how they may terminate their contract should they wish to do so.
Best Tariff Advice meanwhile enables customers to shop around for the best deal, while Best Tariff Information must be provided at least annually to ensure customers are further advised after their contract may have been automatically prolonged.
Sky was found to not be sending these notifications to customers and ComReg said this was a denial of their consumer rights.
Last June, ComReg made an application to the High Court seeking a declaration that Sky had not complied with these regulations and orders directing Sky to comply with its obligations.
Last week, the High Court granted a declaration that Sky had not complied with its obligations by failing to inform customers of the end of the contractual commitment and of the means by which to terminate the contract.
It also failed to give customers best tariff advice relating to their services and failed to provide its customers with the best tariff information at least annually.
The High Court ordered that Sky must inform its customers, in a prominent and timely manner, of the end of their contractual commitment and of how to terminate their contract.
It must also provide customers with Best Tariff Advice and Best Tariff Information at least annually.
An order was made in respect of the costs of these proceedings.
ComReg said it is continuing its monitoring of compliance by all providers and that it will take “all necessary enforcement action in respect of any such non-compliance”.
In a statement to The Journal, a spokesperson for Sky said it notes the High Court decision.
