Case C-453/06: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 13 November 2006 — 01051 Telecom GmbH v Bundesrepublik Deutschland
Date: 2006-12-30
Institutions: Court of Justice
Subjects: communications systems, fixing of prices, interpretation of the law, systems interconnection, telecommunications, transmission network

30.12.2006

EN

Official Journal of the European Union

C 326/41

3. Where the failure of the concerned Member State to recog-
nise the marketing authorisation granted by the reference
Member State as set out in question 1 above is based on a
general policy adopted by the concerned Member State that
different salts of the same active moiety cannot, as a matter
of law, be considered essentially similar, does the failure by
the concerned Member State to recognise the marketing
authorisation granted by the reference Member State in the
circumstances referred to above amount
to a sufficiently
serious breach of Community law within the meaning of the
second condition in the judgment in Joined Cases C-46/93
and C-48/93 Brasserie du Pecheur and Factortame. Alternatively
what factors ought the national court to take into considera-
tion when it comes to determine whether such failure
amounts to a sufficiently serious breach?

(1) OJ L 311, p. 67

Reference for a preliminary ruling from the Bundesverwal-
tungsgericht (Germany) lodged on 13 November 2006 —
01051 Telecom GmbH v Bundesrepublik Deutschland

(Case C-453/06)

(2006/C 326/85)

Language of the case: German

Referring court

Bundesverwaltungsgericht (Germany)

Parties to the main proceedings

Applicant: 01051 Telecom GmbH

Defendant: Bundesrepublik Deutschland

Question referred

Is it consistent with the first sentence of Article 27 of Directive
2002/21/EC of the European Parliament [and of the Council] of
7 March 2002 on a common regulatory framework for elec-
tronic communications networks and services
(Framework
Directive) (1) and Article 7 of Directive 2002/19/EC of the Euro-
pean Parliament and of the Council [of 7 March 2002] on
access to, and interconnection of, electronic communications
networks and associated facilities (Access Directive) (2) if, under

national law, a statutory requirement formerly provided for in
that law under which interconnection charges are to be calcu-
lated by reference to the cost of
the efficient provision of
services is to be maintained temporarily, even though there is
no obligation to do so under Community law?

(1) OJ L 108, P.33.
(2) OJ L 108, P.7.

Reference for a preliminary ruling from the Bundesverga-
beamt (Austria) lodged on 13 November 2006 — presse-
text Nachrichtenagentur GmbH v 1. Republic of Austria
(Bund), 2. APA-OTS Originaltext-Service GmbH, 3. APA
AUSTRIA PRESSE AGENTUR, a registered cooperative
with limited liability

(Case C-454/06)

(2006/C 326/86)

Language of the case: German

Referring court

Bundesvergabeamt

Parties to the main proceedings

Applicant: pressetext Nachrichtenagentur GmbH

Respondents: 1. Republic of Austria (Bund), 2. APA-OTS Origi-
naltext-Service GmbH, 3. APA AUSTRIA PRESSE AGENTUR, a
registered cooperative with limited liability

Questions referred

1. Are the terms

‘awarding’

in Article 3(1) of Directive
92/50/EEC (1) and ‘awarded’ in Articles 8 and 9 of that direc-
tive to be interpreted as encompassing circumstances in
which a contracting authority intends to obtain services in
the future from a service provider established as a limited
liability company where those services were previously
supplied by a different service provider who is the sole share-
holder in the future service provider and has control of the
future service provider? In such a case is it legally relevant
that
that
throughout the entire period of the original contract the

contracting authority has no guarantee

the