Judgment — ECLI:EU:C:2010:135
Date: 2010-03-11
Language of the case: Polish
Court formation: Third Chamber
Subject matter: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Poland

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 – Unfair business-to-consumer commercial practices – Directive 2005/29 (European Parliament and Council Directives 2002/21, 2002/22 and 2005/29) Directive 2002/21, on a common regulatory framework for electronic communications networks and services, and Directive 2002/22, on universal service and users’ rights relating to electronic communications networks and services, must be interpreted as not precluding national legislation which prohibits making the conclusion of a contract for the provision of services contingent on the conclusion, by the end‑user, of a contract for the provision of other services. However, Directive 2005/29, concerning unfair business‑to‑consumer commercial practices in the internal market, must be interpreted as precluding national legislation which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer. (see para. 33, operative part)