Opinion of the Advocate General — ECLI:EU:C:2004:153
Date: 2004-03-16
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Telecommunications
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Summary of the Judgment Approximation of laws – Telecommunications sector – Application of open network provision (ONP) to voice telephony and on universal service for telecommunications – Directive 98/10 – Obligation on Member States to provide for itemised billing – Legislation providing for billing which lists charges only according to the type of charge – Not permissible (Directive 98/10 of the European Parliament and of the Council, Art. 14(2)) A Member State fails to fulfil its obligations under Article 14(2) of Directive 98/10 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment, by opting for billing which lists charges only according to the type of telephone charge and, consequently, is not sufficiently detailed to ensure effective verification and control by the consumer, as required by that provision. Although that provision does not specifically indicate what information is required to appear on standard itemised bills, the directive lays down a minimum level of information which is dictated by the need to allow subscribers to verify and control the charges incurred in using the fixed public telephone network. However, a billing system which shows only the number of calls, the total number of tariff units used and the corresponding total price does not allow such verification and such control to be achieved. (see paras 16, 19, 24, operative part)