Ruling (Permission to appeal)

Ruling of the Tribunal in connection with applications by Telefónica O2 UK Limited (“O2”) and, jointly, Everything Everywhere Limited (“EE”), Hutchison 3G UK Limited (“H3G”) and Vodafone Limited (“Vodafone”) for permission to appeal the Tribunal’s judgment of 1 August 2011 (“the Judgment”).

For the reasons set out in the Ruling, the Tribunal granted O2, EE, H3G and Vodafone permission to appeal the Judgment on the sole issue of the approach taken by the Tribunal in weighing the factors that it found to be relevant so as to conclude that the NCCNs were fair and reasonable (the issue considered in Section M of the Judgment). On all other points, the applications were refused by the Tribunal.