Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC (Framework Directive) – Article 2(m) – Provision of an electronic communications network – Concept – Directive 2002/22/EC (Universal Service . .
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 . .
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 (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 for operators to services using non-geographic numbers – Directive 2002/19/EC – Articles 5, 8 and 13 – Powers and responsibilities of the national regulatory … Continue reading Polkomtel sp. z o.o. v Prezes Urzedu Komunikacji Elektronicznej: ECJ 14 Apr 2016
ECJ Electronic communications – Networks and services – Common regulatory framework – Articles 4 and 16 of Directive 2002/21/EC (Framework Directive) – Appeals – Administrative market analysis procedure. Citations: C-426/05, [2008] EUECJ C-426/05 Links: Bailii European, Utilities Updated: 13 July 2022; Ref: scu.265958
ECJ (Industrial Policy) Failure of the State’ – Directive 2002/21 / EC – Electronic communications networks and services – Common regulatory framework – Failure to transpose within the prescribed period Citations: C-253/04, [2005] EUECJ C-253/04 Links: Bailii Jurisdiction: European Media Updated: 04 July 2022; Ref: scu.236397
Freedom of Establishment – Opinion – Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Aggressive commercial practices – Supply not requested – Directive 2005/29 – Article 3 (4) – Scope – Telecommunications services – Directive 2002/21 – Directive 2002/22 – Pre-activation of services on a SIM card without informing the … Continue reading Autorita Garante of the Concorrenza e del Mercato v Wind Tre SpA, anteriormente Wind Telecomunicazioni SpA and Others: ECJ 31 May 2018
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 – Electronic communications networks and services – Directive 2002/21/EC – Article 3 – Impartiality and independence of national regulatory authorities – Institutional reform – Merger of national regulatory authority with other regulatory authorities – Dismissal of the President and a board member of the merged national regulatory authority … Continue reading Ormaetxea Garai and Lorenzo Almendros: ECJ 19 Oct 2016
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Article 4(1) – Right of appeal against a decision taken by a national regulatory authority – Effective appeal mechanism – Decision of a national regulatory authority to continue to apply pending the outcome of the appeal – Temporal … Continue reading Prezes Urzedu Komunikacji Elektronicznej And Petrotel: ECJ 13 Oct 2016
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
ECJ (Judgment) Preliminary reference – Electronic communications networks and services – Directive 2002/21/EC – Article 3 – Impartiality and independence of national regulatory authorities – Directive 2002/20/EC – Article 12 – Administrative charges – Submission of a national regulatory authority to provisions for public finances as well as provisions limiting and rationalizing government expenditure ECLI:EU:C:2016:608, … Continue reading Autorita Per Le Garanzie Nelle Comunicazioni v Istituto Nazionale di Statistica: ECJ 28 Jul 2016
ECJ Action for annulment – Telecommunications – Article 7 of Directive 2002/21 / EC – Wholesale market for voice call termination on individual mobile networks in Belgium – Significant power on the market – Letter of the Commission’s observations – act not open to appeal – Lack of direct concern – Inadmissible [2008] EUECJ T-295/06 … Continue reading Base Nv v Commission (Order of The Court): ECJ 22 Feb 2008
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 (Second Chamber)) Telecommunications sector – Electronic communications networks and services – Freedom to provide services – Article 56 TFEU – Directive 2002/21/EC – Cross-border provision of a package of radio and television programmes – Conditional access – Competence of the national regulatory authorities – Registration – Requirement of establishment R. … Continue reading UPC Dth Sarl v Nemzeti: ECJ 30 Apr 2014
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
ECJ (Judgment) Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 5(6) – Rights of use for radio frequencies and numbers – Directive 2002/21/EC – Article 4(1) – Right of appeal against a decision of a national regulatory authority – Meaning of ‘undertaking affected by a decision of … Continue reading T-Mobile Austria v Telekom-Control-Kommission: ECJ 22 Jan 2015
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
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
ECJ Telecommunications – Mobile telephony – Number portability – Per-line or per-number set-up costs for the provision of number portability – Article 30 of Directive 2002/22/EC (Universal Service Directive) – . .
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002
(Judgment) Reference for a preliminary ruling – Electronic communications – Telecommunications services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Equal treatment – Determination of the number of digital radio frequencies to be granted to each operator already holding analogue radio frequencies – Taking into account analogue radio frequencies used … Continue reading Persidera SpA v Authority for the Garanzie nelle Comunicazioni and Others: ECJ 26 Jul 2017
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
ECJ (Judgment) Failure to fulfill obligations – Electronic communications networks and services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Use Rights DTTV radio frequency – Calls for applications – Selection Criteria bidders – Proportionality – Special rights C-376/13, [2015] EUECJ C-376/13, ECLI: EU: C: 2015: 266 Bailii European, Media … Continue reading Commission v Bulgaria: ECJ 23 Apr 2015
