On an alleged breach of his consumer rights in connection with Regulation (EU) 2017/1128 of the European Parliament and of the Council on cross-border portability of online content services in the internal market 

Petice adresovaná: Petitionsausschuss des Europäischen Parlaments

The petitioner alleges a restriction of his consumer rights by a pay-TV platform with regard to access to online paid content in the EU. The petitioner claims that the pay-TV platform selectively applies the provisions of Article 5 of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, which lists the ways in which the subscriber’s Member State of residence can be verified. The petitioner claims that the platform ignores the possibility of verification on the basis of the place of installation of the set-top box, decoder or similar device used for the supply of services to the subscriber (Article 5(c)) and of a declaration by the subscriber confirming the subscriber’s address in the Member State (Article 5(j)). According to the information provided by the petitioner, the platform requires the presentation of a utility bill of the subscriber linking the subscriber to the Member State, in accordance with Article 5(h).