Opinion of the Advocate General — ECLI:EU:C:2007:107
Date: 2007-02-15
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Austria

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, Arts 4(1) and 16(3)) 2. Approximation of laws – Electronic communications networks and services – Regulatory framework – Directive 2002/21 (European Parliament and Council Directive 2002/21, Art. 4) 1. The terms user ‘affected’ or undertaking ‘affected’ for the purposes of Article 4(1) of Directive 2002/21 on a common regulatory framework for electronic communications networks and services, which grants any user or undertaking providing such networks and/or services a right to appeal against a decision taken by a national regulatory authority by which it is affected, and the term party ‘affected’ within the meaning of Article 16(3) of that directive, which grants to the latter, in the case of a decision to withdraw obligations placed on the undertaking (formerly) having significant power on the relevant market, the right to be given an appropriate period of notice of that withdrawal, must be interpreted as being applicable not only to an undertaking (formerly) having significant power on the relevant market which is subject to a decision of a national regulatory authority taken in the context of a market analysis procedure referred to in Article 16 of that directive and which is the addressee of that decision, but also to users and undertakings in competition with such an undertaking which are not themselves addressees of that decision, but the rights of which are adversely affected by it. (see paras 43, 48, operative part 1) 2. A provision of national law which, in the context of non-adversarial market analysis proceedings, grants party status only to undertakings (formerly) having significant power on the relevant market and in respect of which specific regulatory obligations are imposed, amended or withdrawn is not, in principle, contrary to Article 4 of Directive 2002/21 on a common regulatory framework for electronic communications networks and services. However, it is for the national court to ensure that national procedural law guarantees the safeguarding of the rights which users and undertakings in competition with an undertaking (formerly) having significant power on the relevant market derive from the Community legal order in a manner which is not less favourable than that in which comparable domestic rights are safeguarded and which does not prejudice the effectiveness of the legal protection of those users and undertakings guaranteed in Article 4 of that directive. (see para. 57, operative part 2)