Case C-262/06: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 15 June 2006 — Deutsche Telekom AG v Bundesrepublik Deutschland
Date: 2006-09-02
Institutions: Court of Justice
Subjects: communications systems, competition, consumer protection, interpretation of the law, telecommunications, telephone, transmission network

2.9.2006

EN

Official Journal of the European Union

C 212/15

Parties to the main proceedings

Parties to the main proceedings

Cross-appellant: Ministère public

Applicant: Deutsche Telekom AG

Appellants: Daniel Pierre Raymond Escalier (C-260/06) and Jean
Louis François Bonnarel (C-261/06)

Defendant: Bundesrepublik Deutschland

Question referred

Questions referred

Where a Member State makes the importation of a plant
protection product from another Member State in which the
product has already been authorised to be placed on the
market in accordance with Directive 91/414/EEC (1) subject to
a simplified procedure for such authorisation in order to verify
that the product imported meets the identity requirements laid
down in Case C-100/96 The Queen v Ministry of Agriculture,
Fisheries and Food, ex parte: British Agrochemicals Association Ltd
[1999] ECR I-1499, is that Member State entitled to make an
operator subject to that simplified authorisation procedure if:

— the importer is a farmer who is importing the product
solely for the needs of his own farm, which are manifold
but limited in quantity, and is therefore not placing it on
the market in the commercial sense which that concept
implies;

— the simplified marketing authorisation procedure consti-
tuting import authorisation is personal to each operator/
distributor, who is required to give the product imported its
own brand name and is subject to a charge of EUR 800?

If the reply to the first question is negative, can the judgment
in Case C-212/03 Commission v France [2005] ECR I-4213
relating to personal imports of medicinal products by indivi-
duals be applied to the case of plant protection products
imported by farmers solely for the needs of their own farms?

(1) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ 1991 L 230,
p. 1).

1. Are

the

first

the European Parliament and of

sentence of Article 27 of Directive
2002/21/EC (1) of
the
the European Parliament and of
Council of 7 March 2002 on a common regulatory frame-
work for electronic communications networks and services
(Framework Directive) and Article 16(1)(a) of Directive
2002/22/EC (2) of
the
Council of 7 March 2002 on universal service and users'
rights relating to electronic communications networks and
services (Universal Service Directive) to be understood as
meaning that a statutory requirement provided for under
earlier national law for the authorisation of charges for the
supply of voice telephony services to end-users by an under-
taking with a dominant position in that market, and hence
an administrative measure confirming that requirement,
should be temporarily maintained?

If the answer to the first question is in the negative:

2. Does European Community law preclude such extensive

continuation?

(1) OJ 2002 L 108, p. 33.
(2) OJ 2002 L 108, p. 51.

Action brought on 16 June 2006 — Commission of the
European Communities v Portuguese Republic

Reference for a preliminary ruling from the Bundesver-
waltungsgericht (Germany) lodged on 15 June 2006 —
Deutsche Telekom AG v Bundesrepublik Deutschland

(Case C-262/06)

(2006/C 212/26)

Language of the case: German

Parties

(Case C-265/06)

(2006/C 212/27)

Language of the case: Portuguese

Referring court

Applicant: Commission of the European Communities (repre-
sented by: A.Caeiros, Agent)

Bundesverwaltungsgericht

Defendant: Portuguese Republic