Sky Ireland has been ordered by the High Court to send customers notifications at the end of their minimum-term contracts, after the company was found to be in breach of EU obligations to do so.
The High Court judgment was made this week following an investigation by the Commission for Communications Regulation (ComReg) into providers' compliance with their obligations to give customers end-of-tariff advice and information required under the EU Electronic Communications Code Regulation 2022.
Sky offers TV, broadband, and phone services in Ireland.
ComReg said "to take full advantage of competition in the market, customers should be able to make informed choices and to change providers when it is in their best interests".
However, the regulator said Sky was not notifying its customers in Ireland when their contract was about to expire and be auto renewed.
It was also not issuing them with "best-tariff advice", which ComReg said "enables customers to shop around and get the best deal".
It also noted that best-tariff information must be provided to customers at least annually "ensuring they are further advised after their contract may have been automatically prolonged".
By not providing this information, Sky was denying its customers their rights, ComReg said.
In September 2024 ComReg started an investigation into eir, Virgin Media, Three, Vodafone, and Sky over their compliance with regulations in this area.
Of the investigated providers, eir Virgin Media, Three, and Vodafone confirmed they were issuing end-of-contract, best-tariff advice, and best-tariff information notifications to their customers.
However, Sky told ComReg it was not providing its customers with this information.
ComReg said when it queried this with Sky, the company said it was not required do so as its customers’ contracts were "contracts of an indeterminate duration" and therefore outside the scope of the EU regulation.
The regulator disagreed with this and in June last year made an application to the High Court seeking a declaration that Sky had not complied with the relevant regulations and orders directing Sky to comply with its obligations and to remedy the non-compliance.
This led to the High Court this week granting a declaration that Sky had not complied with its obligations under Regulation 89 (6) by reason of its failing to inform its customers of the end of the contractual commitment and of the means by which to terminate the contract, by failing to give its customers best-tariff advice relating to their services, and by failing to provide its customers with best-tariff information at least annually.
Sky was ordered to remedy the situation by the court.
ComReg said it is continuing to monitor compliance by all providers in this area, and that it will take "all necessary enforcement action in respect of any such non-compliance".
