Case C-64/06: Reference for a preliminary ruling from the Obvodní soud pro Prahu 3 lodged on  7 February 2006  — Český Telecom a.s. v Czech On Line a.s.
Date: 2006-05-20
Institutions: Court of Justice
Subjects: competition law, interpretation of the law, national implementing measure, regulation of telecommunications, telecommunications industry

C 121/2

EN

Official Journal of the European Union

20.5.2006

Reference for a preliminary ruling from the Obvodní soud
pro Prahu 3 lodged on 7 February 2006 — Český Telecom
a.s. v Czech On Line a.s.

(Case C-64/06)

(2006/C 121/03)

Language of the case: Czech

4. To the extent that during the crucial period — from 1 May
2004 to 30 April 2005 — the Czech Republic had not
sufficiently implemented the above-mentioned directives, is
to apply Directive 2002/21/EC
it possible
(Framework Directive) and Directive 2002/19/EC of
the
European Parliament and of the Council (Access Directive),
thus

directly

4a. are these directives (or is one of them) unconditional
and sufficiently precise to be applied (by a court) in the
place of national law?

Referring court

Obvodní soud pro Prahu 3 (Prague 3 District Court)

4b.

in the

telecommunications market

(dominant) market
is an operator with significant
power
entitled
(actively subjectively legitimised) to rely, as a result of
the incorrect
transposition of Directives 2002/19/EC
and 2002/21/EC, on their direct effectiveness, having
regard to the question whether those directives (or one
of them) do in any case protect the interests of that
person who refuses to conclude an agreement on inter-
connection (in the area of ADSL service) with other
domestic telecommunications operators (and who in
the view of the national telecommunications regulator,
which the court must also take into account, thus acts
contrary to the aims of the new regulatory framework)?

4c. Can that operator invoke the direct effectiveness of
directives that have not been properly implemented (or
of one of them), if (even where the conditions intro-
in the decision-
duced in the directives are fulfilled)
making process of
telecommunications
the national
regulator decisions are always made about the concrete
conditions for interconnection of operators' sites, i.e. it
concerns the imposition of concrete duties on indivi-
duals?

Reference for a preliminary ruling from the Juzgado de lo
Social No 3 lodged on 14 February 2006 — Vicente
Pascual García v Confederación Hidrográfica del Duero

(Case C-87/06)

(2006/C 121/04)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 3

Parties to the main proceedings

Applicant: Český Telecom a.s.

Defendant: Czech On Line a.s.

Questions referred

1. Was the national telecommunications regulator (Czech Tele-
communications Office) entitled, in the form of an adminis-
trative decision after 1 May 2004, and thus after the day of
the Czech Republic's accession to the European Commu-
nities, to impose on a telecommunications company with
significant (dominant) market power in the telecommunica-
tions market an obligation to conclude a contract on the
interconnection of its network with another operator?

2. If the answer to Question 1 is in the affirmative:

Was the national regulator entitled to act in that way only
under the conditions laid down in Article 8(2) of Directive
2002/19/EC of the European Parliament and of the Council
(Access Directive), i.e. on the strength of a previous market
analysis carried out in accordance with Article 16 of Direc-
tive 2002/21/EC (Framework Directive) and on the basis of
the previous procedure described in Articles 6 and 7 of the
Framework Directive 2002/21/EC

or could it (for example in accordance with recital 15,
Article 3, Article 4(1), Article 5(1)(a) and (4), Article 10(1)
and (2) of
in that way even
without a previous market analysis?

the Access Directive) act

3. Can it have an impact on the answer to Question 2 that the
application of a particular operator for the issuing of a deci-
sion on the compulsory interconnection of his network
with the network of an operator with significant (dominant)
market power was lodged with the national regulator, and
the decisive part of the proceedings on that application
before it took place, before 1 May 2004, i.e. before the day
on which the Czech Republic acceded to the European
Communities?