Opinion of the Advocate General — ECLI:EU:C:2002:177
Date: 2002-03-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Telecommunications
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Belgium

Summary of the Judgment 
1. Approximation of laws — Telecommunications — Directive 91733 — Obligation to 
confer on the national regulatory authorities the power to intervene in negotiations 
leading to interconnection agreements between telecommunications services — Scope 
(Directive 97/33/EC of the European Parliament and of the Council, Art. 9(3)) 
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SUMMARY — CASE C-221/01 
2. Approximation of laws — Telecommunications — Directive 97/33 — Publication 
of information relating to general interconnection conditions — Procedure 
(Directive 97733/EC of the European Parliament and of the Council, Arts 9(2), 10 and 
14(1)) 
3. Approximation of laws — Telecommunications — Directive 97/33 — Publication 
of information relating to national numbering plans — Publication via the internet — 
Appropriate manner of publication 
(Directive 97/33/EC of the European Parliament and of the Council, Arts 12(4) and 
14(1)) 
1. It is clear from Article 9(3) of Directive 
97/33/EC on interconnection in tele­
communications, as well as the fifth 
recital in its preamble, that the national 
regulatory authorities must be 
empowered to intervene at any 
moment of the negotiations leading 
up to an interconnection agreement 
between telecommunications services. 
The Community legislature clearly 
envisaged that the power to intervene 
must be distinct from the power to 
require changes to interconnection 
agreements already concluded. 
Therefore, national legislation which 
confers on the competent authority 
only very general supervisory powers, 
which cannot be regarded as adequate 
implementation of a specific power to 
intervene in commercial negotiations, 
or specific powers to intervene in con­
texts which do not fully reflect those 
envisaged by Article 9(3) of the Direc­
tive, does not correctly implement that 
provision. 
(see paras 33-35) 
2. If the information referred to in 
Articles 9(2) and 10 of Directive 97/33 
on interconnection in telecommuni­
cations — that is to say, the general 
conditions and essential requirements 
set down in advance by the national 
regulatory authority — is itself pub­
lished in the national Official Gazette 
of the Member State concerned, that 
procedure constitutes publication for 
the purposes of Article 14(1) of Direc­
tive 97/33. 
(see para. 39) 
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COMMISSION v BELGIUM 
3. Article 14(1) of Directive 97/33 on 
interconnection in telecommunications 
gives no guidance as to the mode of 
publication envisaged for the infor­
mation defined in Article 12(4) thereof 
concerning the main elements of the 
national numbering plans, and all sub­
sequent additions or amendments. In 
those circumstances, in the modern 
telecommunications sector, publication 
via the internet can be considered as 
appropriate for the purposes of 
Article 14(1). Nevertheless, that provi­
sion requires that the manner in which 
the information is published be referred 
to in the national Official Gazette of 
the Member State concerned. 
(see paras 44-45) 
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