Abstract
Last years many were shocked by the short and simple, yet game-changing decision (the three judgements C-854/19, C-5/20 and C-34/20) of the Court of Justice of the European Union: "'Zero tariff' options are contrary to the regulation on open internet access", as quoted by the press release. For those who are closely following the evolution of network neutrality regulation in the EU since the adoption of the Open Internet Regulation and paying attention to national regulatory bodies' and courts' decisions, this judgement will not be surprising.
What is unfortunate is that it completely reverts what has been written in the Guidelines issued by the Body of European Regulators for Electric Communications (BEREC) for the Open Internet Regulation and what has been promised to service providers by the regulators. In my paper I will explore how the CJEU may not only created problem of legal uncertainty and predictability of the law, but subsequently destroyed the public faith in soft regulatory techniques in this sector by such "maneuver" and why it may compromise the EU's efforts to regulate its digital space.