# C_2015294EN.01004001.xml

| 7.9.2015 | EN | Official Journal of the European Union | C 294/40 |
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7.9.2015

EN

Official Journal of the European Union

C 294/40

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Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 2 July 2015 — TDC A/S v Teleklagenævnet, Erhvervs- og Vækstministeriet

(Case C-327/15)

(2015/C 294/52)

Language of the case: Danish

Referring court

Referring court

Østre Landsret

Parties to the main proceedings

Parties to the main proceedings

Applicant: TDC A/S

Applicant:

Defendants: Teleklagenævnet, Erhvervs- og Vækstministeriet

Defendants:

Questions referred

Questions referred

| 1. | Does Directive 2002/22/EC of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (‘the Universal Service Directive’), (1) including Article 32, preclude a Member State from laying down rules which do not allow an undertaking to lodge a claim against the Member State for separate recovery of the net costs of providing additional mandatory services not covered by Chapter II of that Directive, where the undertaking’s profits from other services which are covered by the undertaking’s universal service obligations under Chapter II of that Directive exceed the losses associated with the provision of the additional mandatory services? |
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1.

Does Directive 2002/22/EC of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (‘the Universal Service Directive’), (1) including Article 32, preclude a Member State from laying down rules which do not allow an undertaking to lodge a claim against the Member State for separate recovery of the net costs of providing additional mandatory services not covered by Chapter II of that Directive, where the undertaking’s profits from other services which are covered by the undertaking’s universal service obligations under Chapter II of that Directive exceed the losses associated with the provision of the additional mandatory services?

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| 2. | Does the Universal Service Directive preclude a Member State from laying down rules allowing undertakings to lodge a claim against the Member State for recovery of the net costs of providing additional mandatory services which are not covered by Chapter II of that Directive, only if the net costs amount to an unreasonable burden for the undertakings? |
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2.

Does the Universal Service Directive preclude a Member State from laying down rules allowing undertakings to lodge a claim against the Member State for recovery of the net costs of providing additional mandatory services which are not covered by Chapter II of that Directive, only if the net costs amount to an unreasonable burden for the undertakings?

| 3. | If Question 2 is answered in the negative, may the Member State decide that there is no unreasonable burden associated with the provision of additional mandatory services not covered by Chapter II of that directive, if the undertaking as a whole has achieved profits from the provision of all those services where that undertaking has a universal service obligation, including the provision of services which the undertaking would have provided even without having the universal service obligation? |
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3.

If Question 2 is answered in the negative, may the Member State decide that there is no unreasonable burden associated with the provision of additional mandatory services not covered by Chapter II of that directive, if the undertaking as a whole has achieved profits from the provision of all those services where that undertaking has a universal service obligation, including the provision of services which the undertaking would have provided even without having the universal service obligation?

| 4. | Does the Universal Service Directive preclude a Member State from laying down rules that a designated undertaking’s net costs associated with the provision of universal service pursuant to Chapter II of that directive are to be calculated on the basis of all income and costs associated with the provision of the service in question, including that income and those costs which the undertaking also would have had without having the universal service obligation? |
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4.

Does the Universal Service Directive preclude a Member State from laying down rules that a designated undertaking’s net costs associated with the provision of universal service pursuant to Chapter II of that directive are to be calculated on the basis of all income and costs associated with the provision of the service in question, including that income and those costs which the undertaking also would have had without having the universal service obligation?

| 5. | If the national rules in question (see Questions 1 to 4) are applied to an additional mandatory service that has to be provided not only in Denmark but in both Denmark and Greenland, which by virtue of Annex II to the TFEU is an overseas country or territory, do the answers to Questions 1 to 4 then also apply to that part of the requirement that relates to Greenland, where the service is entrusted by the Danish authorities to an undertaking established in Denmark and that undertaking has no other activities in Greenland? |
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5.

If the national rules in question (see Questions 1 to 4) are applied to an additional mandatory service that has to be provided not only in Denmark but in both Denmark and Greenland, which by virtue of Annex II to the TFEU is an overseas country or territory, do the answers to Questions 1 to 4 then also apply to that part of the requirement that relates to Greenland, where the service is entrusted by the Danish authorities to an undertaking established in Denmark and that undertaking has no other activities in Greenland?

| 6. | Of what relevance are Articles 107(1) TFEU and 108(3) TFEU and the Commission Decision of 20 December 2011 on the application of Article 106(2) TFEU to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (2) for the answers to Questions 1 to 5? |
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6.

Of what relevance are Articles 107(1) TFEU and 108(3) TFEU and the Commission Decision of 20 December 2011 on the application of Article 106(2) TFEU to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (2) for the answers to Questions 1 to 5?

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| 7. | Of what relevance is the principle of minimum distortion of competition in inter alia Article 1(2) and Article 3(2) of and recitals 4, 18, 23 and 26 in the preamble and Part B of Annex IV to the Universal Service Directive for the answers to Questions 1 to 5? |
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7.

Of what relevance is the principle of minimum distortion of competition in inter alia Article 1(2) and Article 3(2) of and recitals 4, 18, 23 and 26 in the preamble and Part B of Annex IV to the Universal Service Directive for the answers to Questions 1 to 5?

| 8. | If the provisions of the Universal Service Directive preclude national schemes as referred to in Questions 1, 2 and 4, do those provisions or preclusions have direct effect? |
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8.

If the provisions of the Universal Service Directive preclude national schemes as referred to in Questions 1, 2 and 4, do those provisions or preclusions have direct effect?

| 9. | What more specific factors should be considered when assessing whether a national time limit for applications as described in point 3.17, and its application, are consistent with the principles of cooperation in good faith, equivalence and effectiveness in EU law? |
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9.

What more specific factors should be considered when assessing whether a national time limit for applications as described in point 3.17, and its application, are consistent with the principles of cooperation in good faith, equivalence and effectiveness in EU law?

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(1)  OJ 2002 L 108, p 51.

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(2)  OJ 2012 L 7, p. 3.

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