# C_2015389EN.01001102.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/11 |
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23.11.2015

EN

Official Journal of the European Union

C 389/11

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Judgment of the Court (Fifth Chamber) of 6 October 2015 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Český telekomunikační úřad v T-Mobile Czech Republic a.s., Vodafone Czech Republic a.s.

(Case C-508/14) (1)

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((Reference for a preliminary ruling - Directive 2002/22/EC (Universal Service Directive) - Costing of universal service obligations - Taking account of the rate of return on equity capital - Direct effect - Scope ratione temporis))

(2015/C 389/13)

Language of the case: Czech

Referring court

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Parties to the main proceedings

Applicant: Český telekomunikační úřad

Applicant:

Defendants: T-Mobile Czech Republic a.s., Vodafone Czech Republic a.s.

Defendants:

Intervening parties: O2 Czech Republic a.s., formerly Telefónica Czech Republic a.s., UPC Česká republika s.r.o.

Intervening parties:

Operative part of the judgment

Operative part of the judgment

| 1. | Articles 12 and 13 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) must be interpreted as not precluding the net cost of the universal service obligation including the ‘reasonable profit’ of the provider of that service, fixed at the rate of return on equity capital that would be required by an undertaking comparable to the universal service provider considering whether or not to provide the service of general economic interest for the whole duration of the period of entrustment, taking into account the level of risk. |
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1.

Articles 12 and 13 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) must be interpreted as not precluding the net cost of the universal service obligation including the ‘reasonable profit’ of the provider of that service, fixed at the rate of return on equity capital that would be required by an undertaking comparable to the universal service provider considering whether or not to provide the service of general economic interest for the whole duration of the period of entrustment, taking into account the level of risk.

| 2. | Articles 12 and 13 of Directive 2002/22 must be interpreted as having direct effect and they may be relied on directly before a national court by individuals to challenge a decision of a national regulatory authority. |
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2.

Articles 12 and 13 of Directive 2002/22 must be interpreted as having direct effect and they may be relied on directly before a national court by individuals to challenge a decision of a national regulatory authority.

| 3. | Directive 2002/22 must be interpreted to the effect that it is not applicable for the purpose of determining the amount of the net cost of the obligations relating to the universal service provided by the designated undertaking during the period prior to the Czech Republic’s accession to the European Union, that is to say, for the year 2004, between 1 January and 30 April 2004. |
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3.

Directive 2002/22 must be interpreted to the effect that it is not applicable for the purpose of determining the amount of the net cost of the obligations relating to the universal service provided by the designated undertaking during the period prior to the Czech Republic’s accession to the European Union, that is to say, for the year 2004, between 1 January and 30 April 2004.

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(1)  OJ C 56, 16.2.2015.

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