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> May be enough to skirt the NN law, or not.

Based on the wording of 3(3) (without doing further research), I'd suggest probably not:

> Providers of internet access services shall treat all traffic equally, when providing internet access services, without discrimination, restriction or interference, and irrespective of the sender and receiver

https://publications.europa.eu/en/publication-detail/-/publi...




Wouldn’t the court have a hard time condemning them based on this clause, considering they previously ordered them to go break it?


Probably not. Even though they should.




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