Case C-438/04: Judgment of the Court (Second Chamber) of 13 July 2006 (reference for a preliminary ruling from the Cour d'appel de Bruxelles — Belgium) — Mobistar SA v Institut belge des services postaux et des télécommunications (IBPT) (Telecommunications sector — Universal service and users' rights — Telephone number portability — Set-up costs for the provision of number portability for mobile phones — Article 30(2) of Directive 2002/22/EC (Universal Service Directive) — Pricing for interconnection related to the provision of number portability — Price orientation by reference to costs — Regulatory power of national regulatory authorities — Article 4(1) of Directive 2002/21/EC (Framework Directive) — Effective legal protection — Protection of confidential information)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: interpretation of the law, telecommunications, telephone, telephone charges, transmission network, universal service

16.9.2006

EN

Official Journal of the European Union

C 224/7

Operative part of the judgment

Re:

The Court:

1. Declares that Mrs Édith Cresson acted in breach of the obligations
arising from her office as a Member of the Commission of the
European Communities, for the purposes of Article 213(2) EC
and Article 126(2) EA, in relation to the appointment of Mr René
Berthelot and as regards the terms under which he worked;

2. As to the remainder, dismisses the action;

3. Orders the Commission of the European Communities, Mrs Édith

Cresson and the French Republic to bear their own costs.

(1) OJ C 300, 4.12.2004.

Request for a preliminary ruling — Cour d'appel de Bruxelles
(Court of Appeal, Brussels) — Interpretation of Article 30 of
Directive 2002/22/EC of the European Parliament and of the
Council of 7 March 2002 on universal service and users' rights
relating to electronic communications networks and services
(Universal Service Directive) (OJ 2002 L 108, p. 51) — Port-
ability of telephone numbers — Cost-oriented pricing for inter-
connection related to the provision of number portability and
the allocation of the costs between operators — Interpretation
of Article 4 of Directive 2002/21/EC of the European Parlia-
ment and of the Council of 7 March 2002 on a common regu-
latory framework for electronic communications networks and
services (Framework Directive) (OJ 2002 L 108, p. 33) — Right
of appeal against a decision of the national regulatory authority
— Inclusion of confidential information in the information to
be at the disposal of the body hearing the appeal

Judgment of the Court (Second Chamber) of 13 July 2006
(reference for a preliminary ruling from the Cour d'appel
de Bruxelles — Belgium) — Mobistar SA v Institut belge
des services postaux et des télécommunications (IBPT)

(Case C-438/04) (1)

(Telecommunications sector — Universal service and users'
rights — Telephone number portability — Set-up costs for
the provision of number portability for mobile phones —
Article 30(2) of Directive 2002/22/EC (Universal Service
Directive) — Pricing for interconnection related to the provi-
sion of number portability — Price orientation by reference
to costs — Regulatory power of national regulatory authori-
ties — Article 4(1) of Directive 2002/21/EC (Framework
Directive) — Effective legal protection — Protection of confi-
dential information)

(2006/C 224/12)

Language of the case: French

Referring court

Cour d'appel de Bruxelles

Parties to the main proceedings

Applicant: Mobistar SA

Operative part of the judgment

1. Pricing for interconnection related to the provision of number port-
ability, as referred to in Article 30(2) of Directive 2002/22/EC
of the European Parliament and of the Council of 7 March 2002
on universal service and users' rights relating to electronic commu-
(Universal Service Directive),
nications networks and services
concerns the traffic costs of numbers ported and the set-up costs
incurred by mobile telephone operators to implement requests for
number porting.

2. Article 30(2) of Directive 2002/22 does not preclude the adop-
tion of a national measure laying down the specific method to be
used in calculating costs and which fixes in advance and on the
basis of an abstract model of the costs maximum prices which
may be charged by the donor operator to the recipient operator as
set-up costs, provided that the prices are fixed on the basis of the
costs in such a way that consumers are not dissuaded from
making use of the facility of portability.

3. Article 4 of Directive 2002/21/EC of the European Parliament
and of the Council of 7 March 2002 on a common regulatory
framework for electronic communications networks and services
(Framework Directive) must be interpreted as meaning that the
body responsible for hearing an appeal against a decision of the
national regulatory authority must have at its disposal all the
information necessary in order to decide on the merits of
the
appeal, including, if necessary, confidential information which that
authority has taken into account in reaching the decision which is
the subject of the appeal. However, that body must guarantee the
confidentiality of the information in question whilst complying
with the requirements of effective legal protection and ensuring
protection of the rights of defence of the parties to the dispute.

Defendant: Institut belge des services postaux et des télécommu-
nications (IBPT)

Intervening parties: Belgacom Mobile SA, Base SA,

(1) OJ C 6, 8.1.2005.