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Discuss Country specific phones legal in the EU? at the General - Hackint0sh.org; Hi, I'm from Germany. I read in other threads that I would be able to ...
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    Default Country specific phones legal in the EU?

    Hi,

    I'm from Germany.
    I read in other threads that I would be able to buy an iPhone in France, but would not be able to use it without a French iTunes account. On Apple's UK online store page, I am not able to buy the iPhone since my billing and delivery address are not within the UK.

    I was just wondering:
    As I understand it, EU-laws (specifically the open market rules) should prevent Apple and the carriers to sell a specific iPhone offer only in one country of the EU.
    What I mean is, I should not be banned from buying (or using) an iPhone from any EU-country, in any EU-country.
    So, I should be able to buy the unlocked iPhone from France and use it in Germany and should be able to buy a UK iPhone, even if I am not a UK citizen.

    Anyone, who knows any more on this?

    f.



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    Quote Originally Posted by Firelight View Post
    Hi,

    I'm from Germany.
    I read in other threads that I would be able to buy an iPhone in France, but would not be able to use it without a French iTunes account. On Apple's UK online store page, I am not able to buy the iPhone since my billing and delivery address are not within the UK.

    I was just wondering:
    As I understand it, EU-laws (specifically the open market rules) should prevent Apple and the carriers to sell a specific iPhone offer only in one country of the EU.
    What I mean is, I should not be banned from buying (or using) an iPhone from any EU-country, in any EU-country.
    So, I should be able to buy the unlocked iPhone from France and use it in Germany and should be able to buy a UK iPhone, even if I am not a UK citizen.

    Anyone, who knows any more on this?

    f.
    This is true, however there are not banning the sale to you nor preventing its use cross borders. They will not sell to you over the net without a UK address for obvious reasons: 1) it's the UK store 2) they must be able to verify address and credit card data. The online stores are individual undertakings of Apple itself and therefore the UK store is not required to ship to Spain or anywhere else for that matter. That has nothing to do with citizenship, but simply company law and actually a EU directive that requires sellers to know who they're selling to.

    However if you went to an Apple Store itself -- they would sell it to you. Same goes if you went to an Orange store in France. Therefore you're not being prevented from purchasing the phone. Also if you have a contract you can use the phone wherever, though it costs more and therefore they're not restricting cross border use. Yes, it limits your choice of carrier and if Apple had a large marketshare of mobile phones this could be a issue, however they've got a long way until they're in a dominant position.

    Lastly, what is iffy is the restriction of the unlock via iTunes. It's a clever way to comply with law: 1) allowing unlocks in France 2) to not prevent sale of the phone to people from other countries. However in effect there is a limit of the implementation of the unlock based on having a French residence (note however residence and not citizen). So on the face of it they're complying with laws, but would a court or the Commission of the EU consider it a half measure/sham? I don't know. I'm still thinking about this last bit and will look into in when I have time, but at first blush it doesn't strike me as against any obvious law or fundamental principle of the EU.
    Last edited by slimnickyy; 12-04-2007 at 10:51 AM.

 

 

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