European Court Of Justice Dismisses Competitors’ Attempts To Limit Operation Of European Aviation Network

15 April 2021

The European Court of Justice (ECJ) issued a milestone decision answering a set of questions referred to the ECJ in proceedings initiated by Eutelsat (and supported by Viasat) regarding Inmarsat’s European Aviation Network (EAN). The decision rejects the arguments of Inmarsat’s competitors, which have been trying for years to deprive European consumers of the pro-competitive, innovative and efficient EAN service offering.

Inmarsat operates EAN with Deutsche Telekom and has always known that its EAN platform complies with applicable EU rules.

Brad Swann, Inmarsat General Counsel, said: “Inmarsat welcomes the ruling of the European Court of Justice rejecting our competitors’ arguments aimed at limiting the operation of the European Aviation Network. EAN is an asset for Europe as a whole and it is proving very popular with passengers and airlines. Inmarsat looks forward to continuing to provide the rapidly growing number of EAN users with a world-leading in-flight connectivity experience.”

This decision by the ECJ today is final and binding. 

Inmarsat has always known that the allegations made by its competitors were entirely without merit and fundamentally misconceived. The legal actions by Inmarsat’s competitors were filed with the sole intention of artificially creating legal and regulatory uncertainty around EAN. The claims of Inmarsat’s competitors have been rejected by all national administrations in the 27 EU Member States and in the UK. Legal actions have also been rejected by courts in the countries where litigation was initiated by either Viasat or Eutelsat, including the UK (including on appeal, now final and binding), Germany and Belgium, as well as in not less than four other earlier decisions of the Court of Justice of the EU (three by the General Court and another one of the Court of Justice).

EAN is an award-winning inflight broadband solution based on outstanding technological innovation developed by European businesses, which has taken years of hard work and commitment by Inmarsat, Deutsche Telekom and a range of European technology partners to deliver. It is providing high quality connectivity services to thousands of passengers on hundreds of flights across Europe. The successful operation and roll-out continues and over the coming months thousands more European airline passengers will be able to experience a world-class cabin Wi-Fi service.