# C_2018161EN.01003901.xml

| 7.5.2018 | EN | Official Journal of the European Union | C 161/39 |
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7.5.2018

EN

Official Journal of the European Union

C 161/39

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Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 23 February 2018 — Skype Communications Sàrl v Institut belge des services postaux et des télécommunications (IBPT)

(Case C-142/18)

(2018/C 161/43)

Language of the case: French

Referring court

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings

Parties to the main proceedings

Applicant: Skype Communications Sàrl

Applicant:

Defendant: Institut belge des services postaux et des télécommunications (IBPT)

Defendant:

Questions referred

Questions referred

| 1. | Must the definition of an electronic communications service laid down in Article 2(c) of Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services, (1) as amended, be understood to mean that a voice-over IP service, made available via software, terminated on a public switched telephone network, to a fixed or mobile number covered by an (E.164) national numbering plan must be regarded as an electronic communications service, notwithstanding the fact that the internet service by means of which a user accesses that voice-over IP service already itself constitutes an electronic communications service, but where the provider of the software makes available that service for remuneration and enters into agreements with telecommunications service providers duly authorised to send and terminate calls to the public switched telephone network which allow the termination of calls to a fixed or mobile number covered by a national numbering plan? |
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1.

Must the definition of an electronic communications service laid down in Article 2(c) of Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services, (1) as amended, be understood to mean that a voice-over IP service, made available via software, terminated on a public switched telephone network, to a fixed or mobile number covered by an (E.164) national numbering plan must be regarded as an electronic communications service, notwithstanding the fact that the internet service by means of which a user accesses that voice-over IP service already itself constitutes an electronic communications service, but where the provider of the software makes available that service for remuneration and enters into agreements with telecommunications service providers duly authorised to send and terminate calls to the public switched telephone network which allow the termination of calls to a fixed or mobile number covered by a national numbering plan?

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| 2. | If the answer to Question 1 is yes, does the answer remain the same if account is taken of the fact that the software functionality which makes it possible to make voice calls is merely a feature of the software, which software can be used without that feature? |
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2.

If the answer to Question 1 is yes, does the answer remain the same if account is taken of the fact that the software functionality which makes it possible to make voice calls is merely a feature of the software, which software can be used without that feature?

| 3. | If the answer to Questions 1 and 2 is yes, does the answer to Question 1 remain the same if account is taken of the fact that the service provider provides in its general terms that it does not accept any responsibility to the end-user for the conveyance of signals? |
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3.

If the answer to Questions 1 and 2 is yes, does the answer to Question 1 remain the same if account is taken of the fact that the service provider provides in its general terms that it does not accept any responsibility to the end-user for the conveyance of signals?

| 4. | If the answer to Questions 1, 2 and 3 is yes, does the answer to Question 1 remain the same if account is taken of the fact that the service provided also satisfies the definition of ‘information society service’? |
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4.

If the answer to Questions 1, 2 and 3 is yes, does the answer to Question 1 remain the same if account is taken of the fact that the service provided also satisfies the definition of ‘information society service’?

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(1)  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) (OJ 2002 L 108, p. 33).

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