British Mobile operators are facing defeat in their battle against EU plans to regulate international roaming rates, after the EU’s Advocate General ruled that the price caps were valid.

Vodafone, Orange, T-Mobile and O2 are challenging plans by the European Commission to regulate roaming charges on voice calls.

Luis Miguel Poiares Pessoa Maduro, the Advocate General and a key adviser to the European Court of Justice, ruled recently that the regulation is in the interests of the internal market in which ‘free movement of goods, services and capital is ensured’.

His decision is non-binding but in vast majority of cases rulings by Advocate Generals are heeded by the European Court of Justice. The final ruling will be delivered over the coming months.

Maduro said in a statement: ‘The differences in price between calls made within one’s own member state and those made while roaming could reasonably be regarded as discouraging the use of cross-border services such as roaming.’

The case was referred to the European Court of Justice in 2007 by the UK High Court.