# C_2010080EN.01000802.xml

| 27.3.2010 | EN | Official Journal of the European Union | C 80/8 |
| --- | --- | --- | --- |

27.3.2010

EN

Official Journal of the European Union

C 80/8

---

Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 22 December 2009 — Deutsche Telekom AG v Bundesrepublik Deutschland

(Case C-543/09)

2010/C 80/15

Language of the case: German

Referring court

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant: Deutsche Telekom AG

Appellant:

Respondent: Bundesrepublik Deutschland

Respondent:

Intervening parties: Go Yellow GmbH, Telix AG

Intervening parties:

Questions referred

Questions referred

| 1. | Must Article 25(2) 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) (1) be interpreted as meaning that Member States may require undertakings which assign telephone numbers to subscribers to make available data relating to subscribers to whom the undertaking in question has not itself assigned telephone numbers for the purpose of the provision of publicly available directory enquiry services and directories, in so far as that undertaking has such data in its possession? |
| --- | --- |

1.

Must Article 25(2) 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) (1) be interpreted as meaning that Member States may require undertakings which assign telephone numbers to subscribers to make available data relating to subscribers to whom the undertaking in question has not itself assigned telephone numbers for the purpose of the provision of publicly available directory enquiry services and directories, in so far as that undertaking has such data in its possession?

1

| 2. | If the answer to the previous question is in the affirmative:
  Must Article 12 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (2) be interpreted as meaning that the imposition of the abovementioned obligation by the national legislature is conditional upon the consent of, or at least the lack of any objection by, the other telephone service provider or its subscribers to the transmission of the data? |
| --- | --- |

2.

If the answer to the previous question is in the affirmative:

Must Article 12 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (2) be interpreted as meaning that the imposition of the abovementioned obligation by the national legislature is conditional upon the consent of, or at least the lack of any objection by, the other telephone service provider or its subscribers to the transmission of the data?

2

---

(1)  OJ 2002 L 108, p. 51.

1

(2)  OJ 2002 L 201, P. 37.

2

---