Opinion of the Advocate General — ECLI:EU:C:2001:350
Date: 2001-06-21
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment 
Approximation of laws — Interconnection of telecommunications networks — Direc­
tive 97/33 — Obligation imposed ex ante by the national authorities on an operator 
having significant power on the market to allow other operators access to the local 
subscriber loop and offer them interconnection at local and higher-level switching 
centres — Permissibility 
(Parliament and Council Directive 97/33, Arts 4(2) and 9(2)) 
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SUMMARY — CASE C-79/00 
Articles 4(2) and 9(2) of Directive 97/33 on 
interconnection in Telecommunications 
with regard to ensuring universal service 
and interoperability through application of 
the principles of Open Network Provision 
(ONP) must be interpreted as not preclud­
ing the Member States from authorising 
national regulatory authorities to impose 
on an operator having significant power on 
the market the ex ante obligation to allow 
other operators access to the local subscri­
ber loop and offer them interconnection at 
local and higher-level switching centres. 
(see para. 37 and operative part) 
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