# C_2016211EN.01001102.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/11 |
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13.6.2016

EN

Official Journal of the European Union

C 211/11

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Judgment of the Court (Second Chamber) of 14 April 2016 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Polkomtel sp. z o.o. v Prezes Urzędu Komunikacji Elektronicznej

(Case C-397/14) (1)

((Reference for a preliminary ruling - Electronic communications networks and services - Directive 2002/22/EC - Article 28 - Non-geographic numbers - Access by end-users residing in the Member State for operators to services using non-geographic numbers - Directive 2002/19/EC - Articles 5, 8 and 13 - Powers and responsibilities of the national regulatory authorities with regard to access and interconnection - Imposition, amendment or withdrawal of obligations - Imposition of obligations on undertakings that control access to end-users - Price control - Undertaking not having significant market power on the market - Directive 2002/21/EC - Resolution of disputes between undertakings - Decision of the national regulatory authority laying down the conditions of cooperation and the pricing procedures for services between undertakings))

(2016/C 211/12)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: Polkomtel sp. z o.o.

Defendant: Prezes Urzędu Komunikacji Elektronicznej

Intervening parties: Orange Polska S.A., formerly Telekomunikacja Polska S.A.

Operative part of the judgment

| 1. | 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) must be interpreted as meaning that a Member State may provide that an operator of a public electronic communications network must ensure that all end-users are able to access non-geographic numbers on its network in that State and not only those of other Member States. |
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1.

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) must be interpreted as meaning that a Member State may provide that an operator of a public electronic communications network must ensure that all end-users are able to access non-geographic numbers on its network in that State and not only those of other Member States.

| 2. | Articles 5(1) and 8(3) of 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 (Access Directive), read in conjunction with Article 28 of Directive 2002/22, must be interpreted as allowing a national regulatory authority, in resolving a dispute between two operators, to impose on one of them the obligation to ensure that end-users are able to access services using non-geographic numbers provided on the other’s network and to set, on the basis of Article 13 of Directive 2002/19, pricing procedures for that access between those operators such as those at issue in the main proceedings, provided that those obligations are objective, transparent, proportionate, non-discriminatory, based on the nature of the problem identified and justified in the light of the objectives laid down in Article 8 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), and the procedures provided for in Articles 6 and 7 of that directive have, where applicable, been observed, which it is for the national court to verify. |
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2.

Articles 5(1) and 8(3) of 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 (Access Directive), read in conjunction with Article 28 of Directive 2002/22, must be interpreted as allowing a national regulatory authority, in resolving a dispute between two operators, to impose on one of them the obligation to ensure that end-users are able to access services using non-geographic numbers provided on the other’s network and to set, on the basis of Article 13 of Directive 2002/19, pricing procedures for that access between those operators such as those at issue in the main proceedings, provided that those obligations are objective, transparent, proportionate, non-discriminatory, based on the nature of the problem identified and justified in the light of the objectives laid down in Article 8 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), and the procedures provided for in Articles 6 and 7 of that directive have, where applicable, been observed, which it is for the national court to verify.

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(1)  OJ C 431, 1.12.2014.

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