# C_2014102EN.01001301.xml

| 7.4.2014 | EN | Official Journal of the European Union | C 102/13 |
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7.4.2014

EN

Official Journal of the European Union

C 102/13

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Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 3 January 2014 — Polska Telefonia Cyfrowa SA v Prezes Urzędu Komunikacji Elektronicznej

(Case C-3/14)

2014/C 102/17

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Applicant: Polska Telefonia Cyfrowa SA

Applicant:

Defendant: Prezes Urzędu Komunikacji Elektronicznej

Defendant:

Questions referred

Questions referred

| 1. | Must Article 7(3) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), (1) in conjunction with Article 28 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), (2) be interpreted as meaning that every measure taken by a national regulatory authority in order to fulfil the obligation arising from Article 28 of Directive 2002/22 affects trade between Member States where that measure may ensure that end-users from other Member States are able to access non-geographic numbers within the territory of that Member State? |
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1.

Must Article 7(3) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), (1) in conjunction with Article 28 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), (2) be interpreted as meaning that every measure taken by a national regulatory authority in order to fulfil the obligation arising from Article 28 of Directive 2002/22 affects trade between Member States where that measure may ensure that end-users from other Member States are able to access non-geographic numbers within the territory of that Member State?

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| 2. | Must Article 7(3) in conjunction with Articles 6 and 20 of Directive 2002/21 be interpreted as meaning that, in resolving disputes between undertakings providing electronic communications networks or services concerning the fulfilment by one of those undertakings of the obligation arising from Article 28 of Directive 2002/22, a national regulatory authority cannot conduct consolidation proceedings even where the measure affects trade between Member States and national law requires the national regulatory authority to conduct consolidation proceedings in every case where a measure may affect that trade? |
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2.

Must Article 7(3) in conjunction with Articles 6 and 20 of Directive 2002/21 be interpreted as meaning that, in resolving disputes between undertakings providing electronic communications networks or services concerning the fulfilment by one of those undertakings of the obligation arising from Article 28 of Directive 2002/22, a national regulatory authority cannot conduct consolidation proceedings even where the measure affects trade between Member States and national law requires the national regulatory authority to conduct consolidation proceedings in every case where a measure may affect that trade?

| 3. | If the answer to Question 2 is in the affirmative, must Article 7(3) in conjunction with Articles 6 and 20 of Directive 2002/21, read in conjunction with Article 288 TFEU and Article 4(3) TEU, be interpreted as meaning that a national court is obliged to refrain from applying provisions of national law which require the national regulatory authority to conduct consolidation proceedings in every case where a measure taken by that authority may affect trade between Member States? |
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3.

If the answer to Question 2 is in the affirmative, must Article 7(3) in conjunction with Articles 6 and 20 of Directive 2002/21, read in conjunction with Article 288 TFEU and Article 4(3) TEU, be interpreted as meaning that a national court is obliged to refrain from applying provisions of national law which require the national regulatory authority to conduct consolidation proceedings in every case where a measure taken by that authority may affect trade between Member States?

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(1)  OJ 2002 L 108, p. 33.

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(2)  OJ 2002 L 108, p. 51.

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