Judgment — ECLI:EU:C:2008:765
Date: 2008-12-22
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Concepts: Telecommunications
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Approximation of laws – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directive 2002/22, Art. 31(1)) 2. Approximation of laws – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22 (European Parliament and Council Directive 2002/22, Art. 31(1)) 1. Article 31(1) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services is to be interpreted as meaning that it does not preclude national legislation which requires a cable operator to provide access to its analogue cable network to television channels and services that are already being broadcast terrestrially, thereby resulting in the utilisation of more than half of the channels available on that network, and which provides, in the event of a shortage of available channels, for an order of priority of applicants which results in full utilisation of the channels available on that network, provided that those obligations do not give rise to unreasonable economic consequences, which is a matter for the national court to establish. (see para. 56, operative part 1) 2. The concept of ‘television services’ within the meaning of Article 31(1) of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services includes services of broadcasters of television programmes or providers of media services, such as teleshopping, provided that the conditions laid down in that provision are met, which is a matter for the national court to establish. (see para. 69, operative part 2)