The European consumer protection commissioner, Meglena Kuneva, has stated that national courts within the European Union must decide whether it is legal for Apple to sell the iPhone exclusively through a single national mobile operator.
Currently, of the three nations selling the iPhone in Europe, only France has the law required that Apple sell an unlocked phone free from network ties.
Kuneva said in the letter that the EU’s Unfair Contract Terms Directive aims to prevent „significant imbalances“ between the rights and obligations of consumers and sellers.
„Terms which are found by a national court, tribunal or administrative body to be unfair under the directive are not binding on consumers,“ she said.