# C_2015198EN.01001001.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/10 |
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15.6.2015

EN

Official Journal of the European Union

C 198/10

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Judgment of the Court (Third Chamber) of 16 April 2015 (request for a preliminary ruling from the Sąd Najwyższy (Poland)) — Prezes Urzędu Komunikacji Elektronicznej, Telefonia Dialog sp. z o.o. v T-Mobile Polska SA, formerly Polska Telefonia Cyfrowa SA

(Case C-3/14) (1)

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((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/21/EC - Articles 7 and 20 - Resolution of disputes between undertakings providing electronic communications networks or services - Obligation to implement the procedure laid down in Article 7(3) - Measure which may have an effect on trade between Member States - Directive 2002/19/EC - Article 5 - Powers and responsibilities of the national regulatory authorities with regard to access and interconnection - Directive 2002/22/EC - Article 28 - Non-geographic numbers))

(2015/C 198/13)

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Applicants: Prezes Urzędu Komunikacji Elektronicznej, Telefonia Dialog sp. z o.o.

Applicants:

Defendant: T-Mobile Polska SA, formerly Polska Telefonia Cyfrowa SA

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 7(3) and 20 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) must be interpreted as meaning that a national regulatory authority is required to implement the procedure laid down in the former of those provisions if, in resolving a dispute between undertakings providing electronic communications networks or services in a Member State, it intends to impose obligations designed to ensure access to non-geographic numbers in accordance with Article 28 of 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 (Universal Service Directive) and those obligations may affect trade between Member States. |
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1.

Articles 7(3) and 20 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) must be interpreted as meaning that a national regulatory authority is required to implement the procedure laid down in the former of those provisions if, in resolving a dispute between undertakings providing electronic communications networks or services in a Member State, it intends to impose obligations designed to ensure access to non-geographic numbers in accordance with Article 28 of 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 (Universal Service Directive) and those obligations may affect trade between Member States.

| 2. | Article 7(3) of Directive 2002/21 must be interpreted as meaning that a measure adopted by a national regulatory authority in order to ensure that end-users have access to non-geographic numbers in accordance with Article 28 of Directive 2002/22 affects trade between Member States, within the meaning of that provision, if it may have, other than in an insignificant manner, an influence, direct or indirect, actual or potential, on that trade, this being a matter for the referring court to determine. |
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2.

Article 7(3) of Directive 2002/21 must be interpreted as meaning that a measure adopted by a national regulatory authority in order to ensure that end-users have access to non-geographic numbers in accordance with Article 28 of Directive 2002/22 affects trade between Member States, within the meaning of that provision, if it may have, other than in an insignificant manner, an influence, direct or indirect, actual or potential, on that trade, this being a matter for the referring court to determine.

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(1)  OJ C 102, 7.4.2014.

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