# C_2018352EN.01001601.xml

| 1.10.2018 | EN | Official Journal of the European Union | C 352/16 |
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1.10.2018

EN

Official Journal of the European Union

C 352/16

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Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas (Lithuania) lodged on 26 June 2018 — AW, BV, CU, DT v Republic of Lithuania, represented by Lietuvos Respublikos ryšių reguliavimo tarnyba, Bendrasis pagalbos centras and Lietuvos Respublikos vidaus reikalų ministerija

(Case C-417/18)

(2018/C 352/21)

Language of the case: Lithuanian

Referring court

Vilniaus apygardos administracinis teismas

Parties to the main proceedings

Applicants: AW, BV, CU, DT

Defendant: Republic of Lithuania, represented by Lietuvos Respublikos ryšių reguliavimo tarnyba, Bendrasis pagalbos centras and Lietuvos Respublikos vidaus reikalų ministerija

Questions referred

| 1. | Does Article 26(5) of Directive 2002/22/EC, (1) as amended by Directive 2009/136/EC, (2) regulate the mandatory provision of location information where calls are made from mobile devices without SIM cards? |
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1.

Does Article 26(5) of Directive 2002/22/EC, (1) as amended by Directive 2009/136/EC, (2) regulate the mandatory provision of location information where calls are made from mobile devices without SIM cards?

| 2. | Where a Member State’s national legislation allows individuals to make calls to the European emergency call number ‘112’ without a SIM card, does that fact mean that location information for such emergency calls has to be established under Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC? |
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2.

Where a Member State’s national legislation allows individuals to make calls to the European emergency call number ‘112’ without a SIM card, does that fact mean that location information for such emergency calls has to be established under Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC?

| 3. | Is the national legislation laid down in point 4.5.4 of the Procedure for access of subscribers and/or users to services of authorities providing emergency services (version in force from 11 November 2011 to 15 April 2016), which inter alia provides that public mobile network providers are to supply location information with an accuracy of base station (sector) coverage (Cell-ID), but which does not specify the minimum accuracy (in terms of distance) with which base stations must establish the caller’s location or the density (in terms of distance) at which base stations must be distributed, compatible with Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, which provides that competent regulatory authorities are to lay down criteria for the accuracy and reliability of the caller location information provided? |
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3.

Is the national legislation laid down in point 4.5.4 of the Procedure for access of subscribers and/or users to services of authorities providing emergency services (version in force from 11 November 2011 to 15 April 2016), which inter alia provides that public mobile network providers are to supply location information with an accuracy of base station (sector) coverage (Cell-ID), but which does not specify the minimum accuracy (in terms of distance) with which base stations must establish the caller’s location or the density (in terms of distance) at which base stations must be distributed, compatible with Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, which provides that competent regulatory authorities are to lay down criteria for the accuracy and reliability of the caller location information provided?

| 4. | If the answers to the first question and/or second question are such that a Member State has to ensure that location information is established under Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, and/or the answer to the third question is such that the national legislation is incompatible with Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, which provides that competent regulatory authorities are to lay down criteria for the accuracy and reliability of the caller location information provided, is a national court required, when deciding on the issue of compensation for damage, to establish a direct causal link between the breach of EU law and the damage sustained by the individuals, or is it sufficient to establish an indirect causal link between the breach of EU law and the damage sustained by the individuals, where, under provisions of national law and/or national case-law, the establishment of an indirect causal link between the unlawful actions and the damage sustained by the individuals is sufficient to give rise to liability? |
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4.

If the answers to the first question and/or second question are such that a Member State has to ensure that location information is established under Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, and/or the answer to the third question is such that the national legislation is incompatible with Article 26(5) of Directive 2002/22/EC, as amended by Directive 2009/136/EC, which provides that competent regulatory authorities are to lay down criteria for the accuracy and reliability of the caller location information provided, is a national court required, when deciding on the issue of compensation for damage, to establish a direct causal link between the breach of EU law and the damage sustained by the individuals, or is it sufficient to establish an indirect causal link between the breach of EU law and the damage sustained by the individuals, where, under provisions of national law and/or national case-law, the establishment of an indirect causal link between the unlawful actions and the damage sustained by the individuals is sufficient to give rise to liability?

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

(2)  Directive of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ 2009 L 337, p. 11).

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