Telefonica challenged Spanish legislation requiring it to offer interconnection at local and higher-level switching centres. It contended that that should only be a matter of agreement between operators. It was recorded that Telefonica had been notified as having significant market power. The provision it challenged did not fall within those matters identified in part 1 of Annex VII of the Interconnection Directive, which identifies those areas where a NRA may set ex ante conditions.
Held: The absence of any reference in Part 1 did not preclude an NRA from laying down ex ante conditions provided they were referred to in Part 2 ‘When such authorisation appears necessary in order to facilitate the introduction of competition and further the interests of users.’
Citations:
C-79/00, [2001] ECR I 10075, [2001] EUECJ C-79/00
Links:
Jurisdiction:
European
Cited by:
Cited – Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications Admn 27-Jun-2003
The applicants sought to challenge a proposed scheme regulating the prices of telephone calls.
Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 01 July 2022; Ref: scu.167129