Opinion of the Advocate General — ECLI:EU:C:2007:399
Date: 2007-06-28
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Approximation of laws – Telecommunications sector – Electronic communications networks and services – Regulatory framework – Directive 2002/21 – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directives 2002/21, Art. 27, first para., and 2002/22, Art. 16(1)(a)) The first paragraph of Article 27 of Directive 2002/21 on a common regulatory framework for electronic communications networks and services and Article 16(1)(a) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services must be interpreted as meaning that a statutory requirement for the approval of tariffs for the supply of retail voice telephony services provided by undertakings with a dominant position in that market, enacted by national law and preceding the regulatory framework resulting from those directives, together with administrative measures confirming that requirement, must be temporarily maintained. Those provisions are designed to achieve the same purpose, namely to ensure continuity, irrespective of the nature and basis of the obligations imposed on operators, between the former and new regulatory frameworks. In that regard, the fact that it is for the national regulatory authority to decide when to bring the temporary situation to an end, as a result of carrying out the market analysis referred to in Article 16 of Directive 2002/21, does not alter that interpretation, as that authority does no more than implement the obligations imposed by the legislation in force, which stems from the new regulatory framework. It is that latter framework which determines the obligations which will be amended, maintained or withdrawn. (see paras 22, 36, 43, operative part)