ECJ Failure of a Member State to fulfil obligations Electronic communications Networks and services Directive 2002/19/EC (Access Directive) Article 4(1) and the first subparagraph of Article 5(1) Incorrect . .
Approximation of Laws – Telecommunications – Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Articles 8 and 16 – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power – Price control – Obligations imposed by national regulatory authorities … Continue reading Polkomtel sp Zoo v Prezes Urzedu Komunikacji Elektronicznej: ECJ 20 Dec 2017
ECJ Judgment – Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Articles 4 and 19 – National Regulatory Authority – Harmonisation measures – Recommendation 2009/396/EC – Legal scope – Directive 2002/19/EC – Articles 8 and 13 – Operator designated as having significant market power … Continue reading Koninklijke Kpn And Others: ECJ 15 Sep 2016
Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22/EC – Article 28 – Access to numbers and to services – Non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers of the national regulatory authorities – Price control – … Continue reading KPN BV v Autoriteit Consument en Markt (ACM): ECJ 17 Sep 2015
ECJ Judgment – Industrial policy – Telecommunications sector Electronic communications Directive 2002/19/EC Article 4(1) Networks and services Interconnexion agreements between telecommunications undertakings Obligation to negotiate in good faith Definition of ‘operator of public communications networks’ Articles 5 and 8 Powers of the national regulatory authorities Undertaking without significant market powerA national regulatory authority may intervene … Continue reading Teliasonera Finland: ECJ 12 Nov 2009
ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Articles 7 and 20 – Resolution of disputes between undertakings providing electronic communications networks or services – Obligation to implement the procedure laid down in Article 7(3) – Measure which may have an effect on trade between … Continue reading Prezes Urzedu Komunikacji Elektronicznej And Telefonia Dialog v T-Mobile Polska SA: ECJ 16 Apr 2015
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, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile … Continue reading 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
ECJ (Judgment Of The Court) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/19/EC – Article 2(a) – Access to and use of specific network elements and associated facilities – Articles 5, 8, 12 and 13 – Competence of the national regulatory authorities – Obligation relating to access to and … Continue reading TDC v Teleklagenaevnet: ECJ 19 Jun 2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges. Held: The appeal was allowed unanimously and the decision of the CAT re-establised. BT was free to … Continue reading British Telecommunications Plc v Telefonica O2 UK Ltd: SC 9 Jul 2014
ECJ Electronic communications networks and services – Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC – Scope ratione materiae – Provision of a basic package of radio and television programmes via cable – Sale by a municipality of its cable network to a private undertaking – Contractual clause concerning the tariff – Powers of the national … Continue reading UPC Nederland Bv v Gemeente Hilversum: ECJ 7 Nov 2013
ECJ Opinion – Industrial policy – Electronic communications – Networks and services – Obligation to negotiate interconnection in good faith – Definition of operator of public communications networks – Undertaking . .
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/22/EC – Article 28 – Non-geographic numbers – Access by end-users residing in the Member State . .
Reference for a preliminary ruling – Common regulatory framework for electronic communications networks and services – Directive 2002/21/EC – Article 7(3) – Procedure for consolidating the internal market for electronic communications – Directive . .
The several defendants appealed convictions for breaches of section 92 of the Act. Held: The section presumed that a civil infringement of the Trade Mark had taken place. Accordingly any of the defences available to a civil action must be available also against a criminal action. Furthermore there was no conflict between the Act and … Continue reading Regina v Johnstone, etc: CACD 1 Feb 2002
ECJ Judgment – Reference for a preliminary ruling – Telecommunications networks and services – Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC – Free circulation of terminal equipment for terrestrial mobile telecommunications – Directive 1999/5/EC – Tax on the use of equipment – General authorisation or licence for use – Subscription contract equivalent to a general authorisation or … Continue reading Fratelli De Pra And Saiv SpA v Agenzia Entrate – Direzione Provinciale Ufficio Controlli Belluno,: ECJ 17 Sep 2015