# C_2017133EN.01000601.xml

| 27.4.2017 | EN | Official Journal of the European Union | C 133/6 |
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27.4.2017

EN

Official Journal of the European Union

C 133/6

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JUDGMENT OF THE COURT

of 22 December 2016

in Case E-6/16

Fjarskipti hf. v The Icelandic Post and Telecom Administration

(Provision of telecommunications services — Directive 2002/21/EC — Electronic communications network — Electronic communications service — Public communications network)

(2017/C 133/06)

In Case E-6/16, Fjarskipti hf. v the Icelandic Post and Telecom Administration — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Reykjavík District Court (Héraðsdómur Reykjavíkur) concerning the interpretation of Article 2 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), the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 22 December 2016, the operative part of which is as follows:

Héraðsdómur Reykjavíkur

| 1. | The definition in Article 2(a) of Directive 2002/21/EC of the term ‘electronic communications network’ must be interpreted as encompassing a system allowing for the conveyance of signals written as an SMS message on a user’s end device, connected through a web browser, via the internet, to the PHP script software on a telecommunications undertaking’s web domain, which receives the signals, processes them and conveys them in turn to an SMS server in the undertaking’s communications system, which then conveys them over a network to the recipient telephone number. |
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1.

The definition in Article 2(a) of Directive 2002/21/EC of the term ‘electronic communications network’ must be interpreted as encompassing a system allowing for the conveyance of signals written as an SMS message on a user’s end device, connected through a web browser, via the internet, to the PHP script software on a telecommunications undertaking’s web domain, which receives the signals, processes them and conveys them in turn to an SMS server in the undertaking’s communications system, which then conveys them over a network to the recipient telephone number.

| 2. | The definition in Article 2(c) of Directive 2002/21/EC of the term ‘electronic communications service’ encompasses a service that consists of the conveyance of signals which takes place on a communications network, as described in the first question, irrespective of whether a fee is collected for such a service, provided that the service is normally provided for remuneration. |
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2.

The definition in Article 2(c) of Directive 2002/21/EC of the term ‘electronic communications service’ encompasses a service that consists of the conveyance of signals which takes place on a communications network, as described in the first question, irrespective of whether a fee is collected for such a service, provided that the service is normally provided for remuneration.

| 3. | The definition in Article 2(d) of Directive 2002/21/EC of the term ‘public communications network’ must be interpreted as covering a network as described in the first question, used to provide services as described in the second question, irrespective of whether those services are made available only to the subscribers of the particular undertaking, provided that the network is used wholly or mainly for the provision of such publicly available services. |
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3.

The definition in Article 2(d) of Directive 2002/21/EC of the term ‘public communications network’ must be interpreted as covering a network as described in the first question, used to provide services as described in the second question, irrespective of whether those services are made available only to the subscribers of the particular undertaking, provided that the network is used wholly or mainly for the provision of such publicly available services.

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