Offering SIM cards with pre-installed, active services is unlawful without explanation


If a telecommunications provider markets SIM cards on which certain chargeable services, such as Internet access or mailbox services are pre-installed and already activated without adequately informing consumers about the existence of the services and the costs incurred, this constitutes a violation of competition law. These are unsolicited products (“inertia selling”) within the meaning of Annex I No. 29 to Directive 2005/29/EC. These are therefore unlawful commercial practices. [ECJ 13.09.2018, C-54/17 and C-55/17y]