Judgment — ECLI:EU:C:2011:92
Date: 2011-02-17
Language of the case: English
Court formation: Third Chamber
Subject matter: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment Approximation of laws – Telecommunications sector – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directives 2002/20, Art. 6(2), and 2002/22, Arts 3(2) and 8(1)) Article 8(1) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) permits Member States, when they decide to designate one or more undertakings under that provision to guarantee the provision of universal service, or different elements of universal service, as identified in Articles 4 to 7 and 9(2) of that same directive, to impose on such undertakings only the specific obligations, provided for in the directive, that are associated with the provision of that service, or elements thereof, to end-users by the designated undertakings themselves. While, in accordance with Article 3(2) of the Universal Service Directive, it is for the Member States to determine ‘the most efficient and appropriate approach for ensuring the implementation of universal service’, the discretion conferred on Member States by that provision does not permit them to impose on individual undertakings specific obligations other than those falling within the cases contemplated in Article 6(2) of Directive 2002/20 on the authorisation of electronic communications networks and services. (see paras 38, 40, operative part)