Judgment of the Court (First Chamber) of 25 November 2004 in Case C-109/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): KPN Telecom BVv Onafhankelijke Post en Telecommunicatie Autoriteit (OPTA) (Telecommunications — Directive 98/10/EC — Application of open network provision to voice telephony — Supply of information on subscribers — Determination of prices)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: data collection, interpretation of the law, personal data, telecommunications

C 19/4

EN

Official Journal of the European Union

22.1.2005

1. Declares that, for each fishing year 1990 to 1997, by failing:

— to adopt the appropriate methods for the use of the quotas
assigned to it and to carry out the inspections and other
checks required by the applicable Community regulations,

— provisionally to prohibit

fishing upon exhaustion of

the

quotas, and

— to take all penal or administrative measures which it was
required to apply to masters of vessels infringing those regula-
tions or to any other person liable for such infringement,

the Kingdom of Spain has failed to fulfil its obligations under
Article 5(2) of Council Regulation (EEC) No 170/83 of 25
January 1983 establishing a Community system for the conserva-
tion and management of fishery resources, Article 9(2) of Council
Regulation (EEC) No 3760/92 of 20 December 1992 estab-
lishing a Community system for fisheries and aquaculture, Articles
1 and 11(1) and (2) of Council Regulation (EEC) No 2241/87
of 23 July 1987 establishing certain control measures for fishing
activities and Articles 2, 21(1) and (2) and 31 of Council Regu-
lation (EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101, 26.4.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 25 November 2004

in Case C-109/03 (reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): KPN
Telecom BVv Onafhankelijke Post en Telecommunicatie
Autoriteit (OPTA) (1)

(Telecommunications — Directive 98/10/EC — Application
of open network provision to voice telephony — Supply of
information on subscribers — Determination of prices)

(2005/C 19/06)

(Language of the case: Dutch)

sleven (Netherlands), by decision of 8 January 2003, received at
the Court on 10 March 2003, in the proceedings between KPN
Telecom BV and Onafhankelijke Post en Telecommunicatie
Autoriteit (OPTA), in the presence of: Denda Multimedia BV,
Denda Directory Services BV – the Court
(First Chamber),
composed of: P. Jann (Rapporteur), President of Chamber, A.
Rosas, K. Lenaerts, S. von Bahr and K. Schiemann, Judges; M.
Poiares Maduro, Advocate General; H. von Holstein, Deputy
judgment on
the Registrar, has given a
Registrar,
25 November 2004, in which it has ruled:

for

1. Article 6(3) of Directive 98/10/EC of the European Parliament
and of the Council of 26 February 1998 on the application of
open network provision (ONP) to voice telephony and on universal
service for telecommunications in a competitive environment must
be interpreted as meaning that the words ‘relevant information’
refer only to data relating to subscribers who have not expressly
objected to being listed in a published directory and which are
sufficient to enable users of a directory to identify the subscribers
they are looking for. Those data include in principle the name and
address, including postcode, of subscribers, together with any tele-
phone numbers allocated to them by the
entity concerned.
However, it is open to the Member States to provide that other
data are to be made available to users where, in light of specific
national circumstances, they appear to be necessary in order to
identify subscribers.

2. Article 6(3) of Directive 98/10, in so far as it provides that the
relevant information must be provided to third parties on terms
which are fair, cost oriented and non-discriminatory, must be
interpreted as meaning that:

— with regard to data such as the name and address of the
persons and the telephone number allocated to them, only the
costs of actually making those data available to third parties
may be invoiced by the supplier of the universal service;

— with regard to additional data which such a supplier is not
bound to make available to third parties,
the supplier is
entitled to invoice, apart from the costs of making that provi-
sion, the additional costs which he has had to bear himself in
obtaining the data provided that those third parties are treated
in a non-discriminatory manner.

(Provisional translation; the definitive translation will be published in
the European Court Reports)

(1) OJ C 146 of 21.6.2003.

In Case C-109/03: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-