A Hamburg court has ruled that
T-Mobile
can sell
Apple's
iPhone exclusively
in Germany, overturning a
restraining
order granted to
Vodafone that had forced
the sale of
unlocked handsets.
The move will be a blow to other mobile networks which had hoped for a repeat
of a similar case in France that forced
Orange to
sell unlocked iPhones.
But the Regional Court of Hamburg has ruled that the exclusive contract
between Apple and T-Mobile is legal.
"From the beginning we were convinced that this offer was legal and really
good for the customer," T-Mobile spokesman Klaus Czerwinski told the
International
Herald Tribune after the ruling.
The court has allowed Vodafone to appeal within one month, and the company
has said that it will examine the ruling before making a decision.
"These sales terms are to the detriment of consumers and we wanted a court to
review them," said Vodafone spokesman Jens Kuerten.
Marco Hartmann-Rüppel, a competition lawyer at
TaylorWessing
in Hamburg, insisted that the verdict was not unexpected.
"The ruling is no surprise and I do not think Vodafone can change things on
appeal," he said.
But the case raises the possibility of a challenge under European law, given
that different member states have different policies on 'exclusive' contracts.
The ruling will certainly make Apple more careful over plans to extend sales
of the iPhone.
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