It is for the national court to determine whether that condition is satisfied and whether the tariff obligation is objective, transparent, proportionate, non-discriminatory, based on the nature of the problem identified and justified in the light of the objectives laid down in Article 8 of Directive 2002/21 on a common regulatory framework for electronic communications networks and services, as amended by Directive 2009/140, and whether the procedures laid down in Articles 6, 7 and 7a of Directive 2002/21, as amended by Directive 2009/140, have been followed.

EU law must be interpreted as allowing a relevant national authority to impose a tariff obligation, under Article 28 of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services, as amended by Directive 2009/136, to remove an obstacle to calling non-geographic numbers within the European Union which is not technical in nature, but which results from the tariffs applied, without a market analysis having been carried out showing that the undertaking concerned has significant market power, if such an obligation constitutes a necessary and proportionate step to ensure that end-users are able to access services using non-geographic numbers within the European Union.

EU law must be interpreted as meaning that a Member State may provide that a tariff obligation under Article 28 of Directive 2002/22 on universal service and users’ rights relating to electronic communications networks and services, as amended by Directive 2009/136, be imposed by a national authority other than the national regulatory authority usually responsible for applying the European Union’s new regulatory framework for electronic communications networks and services, provided that that authority satisfies the conditions of competence, independence, impartiality and transparency required by Directive 2002/21 on a common regulatory framework for electronic communications networks and services, as amended by Directive 2009/140, and that the decisions which it takes can form the subject of an effective appeal to a body independent of the interested parties, this being a matter for the referring court to determine.

In accordance with Article 3(2), (4) and (6) of Directive 2002/21, the Member States must not only guarantee the independence of national regulatory authorities by ensuring that they are legally distinct from, and functionally independent of, all organisations providing electronic communications networks, equipment or services, but must also publish, in an easily accessible form, the tasks to be undertaken in accordance with the new regulatory framework by those authorities, in particular where the tasks are granted to several bodies, and notify to the Commission the names of the authorities entrusted with carrying out those tasks, and their respective responsibilities. As a consequence, where those functions are to be discharged, even partially, by a national authority other than the national regulatory authority usually responsible for applying the new regulatory framework, each Member State must ensure that that other authority is neither directly nor indirectly involved in operational functions within the meaning of that directive.

(see paras 55-58, operative part 2)