# C_2008107EN.01000701.xml

| 26.4.2008 | EN | Official Journal of the European Union | C 107/7 |
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26.4.2008

EN

Official Journal of the European Union

C 107/7

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Judgment of the Court (Second Chamber) of 6 March 2008 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Comisión del Mercado de las Telecomunicaciones v Administración del Estado

(Case C-82/07) (1)

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(Electronic communications - Networks and services - Articles 3(2) and 10(1) of Directive 2002/21/EC (Framework Directive) - National numbering plans - Specific regulatory authority)

(2008/C 107/10)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Applicant: Comisión del Mercado de las Telecomunicaciones

Applicant:

Defendant: Administración del Estado

Defendant:

Re:

Interpretation of Articles 3(1), (2) and (4) and 10(1) 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’) (OJ 2000 L 108, p. 33) — Allocation of national numbering resources and management of national numbering plans — Regulatory and operational tasks entrusted to a specific authority

Operative part of the judgment

| 1. | Articles 3(2), 3(4) and 10(1) 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), read in conjunction with Recital (11) in the preamble to that directive, must be interpreted as meaning that the assignment of the national numbering resources and the management of the national numbering plans must be regarded as regulatory functions. Member States are not required to allocate those different functions to separate regulatory authorities. |
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1.

Articles 3(2), 3(4) and 10(1) 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), read in conjunction with Recital (11) in the preamble to that directive, must be interpreted as meaning that the assignment of the national numbering resources and the management of the national numbering plans must be regarded as regulatory functions. Member States are not required to allocate those different functions to separate regulatory authorities.

| 2. | Article 10(1) and Article 3(2), (4) and (6) of Directive 2002/21 must be interpreted as not precluding the functions of assigning national numbering resources or of managing national numbering plans from being shared by a number of independent regulatory authorities, provided that the allocation of the tasks is made public and easily accessible, and notified to the Commission of the European Communities. |
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2.

Article 10(1) and Article 3(2), (4) and (6) of Directive 2002/21 must be interpreted as not precluding the functions of assigning national numbering resources or of managing national numbering plans from being shared by a number of independent regulatory authorities, provided that the allocation of the tasks is made public and easily accessible, and notified to the Commission of the European Communities.

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(1)  OJ C 82, 14.4.2007.

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