Opinion of the Advocate General — ECLI:EU:C:2006:198
Date: 2006-03-23
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 1. Approximation of laws – Telecommunications sector – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directive 2002/22, Art. 30(2)) 2. Approximation of laws – Telecommunications sector – Regulatory framework for electronic communications networks and services – Directive 2002/21 (European Parliament and Council Directive 2002/21, Art. 4) 1. Pricing for interconnection related to the provision of number portability, as referred to in Article 30(2) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services, concerns the traffic costs of numbers ported and the set-up costs incurred by mobile telephone operators to implement requests for number porting. Article 30(2) of Directive 2002/22 does not preclude the adoption of a national measure laying down the specific method to be used in calculating costs and which fixes in advance and on the basis of an abstract model of the costs maximum prices which may be charged by the donor operator to the recipient operator as set-up costs, provided that the prices are fixed on the basis of the costs in such a way that consumers are not dissuaded from making use of the facility of portability. (see paras 30, 37, operative part 1-2) 2. Article 4 of Directive 2002/21 on a common regulatory framework for electronic communications networks and services must be interpreted as meaning that the body responsible for hearing an appeal against a decision of the national regulatory authority must have at its disposal all the information necessary in order to decide on the merits of the appeal, including, if necessary, confidential information which that authority has taken into account in reaching the decision which is the subject of the appeal. However, that body must guarantee the confidentiality of the information in question whilst complying with the requirements of effective legal protection and ensuring protection of the rights of defence of the parties to the dispute. (see para. 43, operative part 3)