# C_2014151EN.01001101.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/11 |
| --- | --- | --- | --- |

19.5.2014

EN

Official Journal of the European Union

C 151/11

---

Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands) lodged on 18 February 2014 — KPN BV v Autoriteit Consument en Markt (ACM), other parties: UPC Nederland BV and Others

(Case C-85/14)

2014/C 151/14

Language of the case: Dutch

Referring court

Referring court

College van Beroep voor het Bedrijfsleven

Parties to the main proceedings

Parties to the main proceedings

Appellant: KPN BV

Appellant:

Respondent: Autoriteit Consument en Markt (ACM)

Respondent:

Other parties: UPC Nederland BV, UPC Nederland Business BV, Tele2 Nederland BV, BT Nederland NV

Other parties:

Questions referred

Questions referred

| 1. | Does Article 28 of the Universal Service Directive (1) permit the imposition of tariff regulation, without a market analysis having indicated that an operator has significant market power in regard to the regulated service, although the cross-border selectability of non-geographic telephone numbers is entirely possible from a technical point of view and the only obstacle to access to those numbers lies in the fact that the tariffs charged mean that a call to a nongeographic number is more expensive than a call to a geographic number? |
| --- | --- |

1.

Does Article 28 of the Universal Service Directive (1) permit the imposition of tariff regulation, without a market analysis having indicated that an operator has significant market power in regard to the regulated service, although the cross-border selectability of non-geographic telephone numbers is entirely possible from a technical point of view and the only obstacle to access to those numbers lies in the fact that the tariffs charged mean that a call to a nongeographic number is more expensive than a call to a geographic number?

1

| 2. | If Question 1 is answered in the affirmative, the following two questions arise for the College van Beroep:






  (a) | Does the power to regulate tariffs also apply in the case where the effect of higher tariffs on the call volume to non-geographic numbers is merely limited? |
| --- | --- | --- |

2.

If Question 1 is answered in the affirmative, the following two questions arise for the College van Beroep:

(a)

Does the power to regulate tariffs also apply in the case where the effect of higher tariffs on the call volume to non-geographic numbers is merely limited?

| (b) | To what extent do the national courts still have scope to assess whether a tariff-related measure required under Article 28 of the Universal Service Directive is not unreasonably onerous for the transit provider, given the objectives which it seeks to attain? |
| --- | --- |

(b)

To what extent do the national courts still have scope to assess whether a tariff-related measure required under Article 28 of the Universal Service Directive is not unreasonably onerous for the transit provider, given the objectives which it seeks to attain?

| 3. | Does Article 28(1) of the Universal Service Directive leave open the possibility that the measures referred to in that provision may be taken by an authority other than the national regulatory authority which exercises the powers referred to in Article 13(1) of the Access Directive, (2) with the result that the latter authority would merely have enforcement powers? |
| --- | --- |

3.

Does Article 28(1) of the Universal Service Directive leave open the possibility that the measures referred to in that provision may be taken by an authority other than the national regulatory authority which exercises the powers referred to in Article 13(1) of the Access Directive, (2) with the result that the latter authority would merely have enforcement powers?

2

---

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

1

(2)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (OJ 2002 L 108, p. 7).

2

---