Judgment — ECLI:EU:C:2008:143
Date: 2008-03-06
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Freedom to provide services
Concepts: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment 1. Approximation of laws – Electronic communications networks and services – Regulatory framework – Directive 2002/21 (European Parliament and Council Directive 2002/21, recital 11 and Arts 3(2) and (4) and 10(1)) 2. Approximation of laws – Electronic communications networks and services – Regulatory framework – Directive 2002/21 (European Parliament and Council Directive 2002/21, recital 11 and Arts 3(2), (4) and (6) and 10(1)) 1. Articles 3(2), 3(4) and 10(1) of Directive 2002/21 on a common regulatory framework for electronic communications networks and services, read in conjunction with recital 11 in the preamble to that directive, must be interpreted as meaning that the assignment of the national numbering resources and the management of the national numbering plans must be regarded as regulatory functions. Member States are not required to allocate those different functions to separate regulatory authorities. (see para. 21, operative part 1) 2. Article 10(1) and Article 3(2), (4) and (6) of Directive 2002/21 on a common regulatory framework for electronic communications networks and services must be interpreted as not precluding the functions of assigning national numbering resources or of managing national numbering plans from being shared by a number of independent regulatory authorities, provided that the allocation of the tasks is made public and easily accessible, and notified to the Commission. (see para. 27, operative part 2)