# C_2009069EN.01001801.xml

| 21.3.2009 | EN | Official Journal of the European Union | C 69/18 |
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21.3.2009

EN

Official Journal of the European Union

C 69/18

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Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland) lodged on 28 November 2008 — Telekomunikacja Polska S.A., Warsaw, v President of the Urząd Komunikacji Elektronicznej

(Case C-522/08)

(2009/C 69/32)

Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings

Appellant: Telekomunikacja Polska S.A., Warsaw

Appellant:

Defendant: President of the Urząd Komunikacji Elektronicznej

Defendant:

Questions referred

| 1. | Does Community law permit the Member States to introduce a prohibition, directed at all undertakings providing telecommunication services, on making the conclusion of a service-provision contract contingent on the purchase of another service (combined sale) and, in particular, does a measure of this kind go beyond what is necessary to attain the objectives of the directives contained in the telecommunications package (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 (1); Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (2); 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 (3); and 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 (4))? |
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1.

Does Community law permit the Member States to introduce a prohibition, directed at all undertakings providing telecommunication services, on making the conclusion of a service-provision contract contingent on the purchase of another service (combined sale) and, in particular, does a measure of this kind go beyond what is necessary to attain the objectives of the directives contained in the telecommunications package (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 (1); Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (2); 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 (3); and 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 (4))?

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| 2. | If the first question is answered in the affirmative, is a national regulatory authority competent, in the light of Community law, to monitor compliance with the prohibition laid down in Article 57(1)(1) of the Ustawa — Prawo Telekomunikacyjne (Polish Law on Telecommunications) of 16 July 2004 (Dziennik Ustaw No 171, item 1800, as amended)? |
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2.

If the first question is answered in the affirmative, is a national regulatory authority competent, in the light of Community law, to monitor compliance with the prohibition laid down in Article 57(1)(1) of the Ustawa — Prawo Telekomunikacyjne (Polish Law on Telecommunications) of 16 July 2004 (Dziennik Ustaw No 171, item 1800, as amended)?

Dziennik Ustaw

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(1)  OJ L 108, 24.4.2002, pp. 7-20.

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(2)  OJ L 108, 24.4.2002, pp. 21-32.

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(3)  OJ L 108, 24.4.2002, pp. 33-50.

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(4)  OJ L 108, 24.4.2002, pp. 51-77.

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