Case C-153/07: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 20 March 2007 — Communication Services TELE2 GmbH v Bundesrepublik Deutschland
Date: 2007-06-23
Institutions: Court of Justice
Subjects: Germany, communications systems, competition law, interpretation of the law, systems interconnection, telecommunications

C 140/8

EN

Official Journal of the European Union

23.6.2007

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

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

Is the incompatibility with Community law of such a require-
ment, which is a provision of domestic law, to be taken into
account by the national court in proceedings concerning the
approval of a contribution by the interconnected network
operator?

Is the incompatibility with Community law of such a require-
ment, which is a provision of domestic law, to be taken into
account by the national court in proceedings concerning the
approval of a contribution by the interconnected network
operator?

(1) OJ 1990 L 192, p. 10.
(2) OJ 1997 L 199, p. 32.

(1) OJ 1990 L 192, p. 10.
(2) OJ 1997 L 199, p. 32.

Reference for a preliminary ruling from the Bundesverwal-
tungsgericht
lodged on 20 March 2007 —
Communication Services TELE2 GmbH v Bundesrepublik
Deutschland

(Germany)

Reference for a preliminary ruling from the Bundesverwal-
tungsgericht
lodged on 20 March 2007 —
01051 Telekom GmbH v Bundesrepublik Deutschland
(Federal Republic of Germany)

(Germany)

(Case C-153/07)

(2007/C 140/13)

(Case C-154/07)

(2007/C 140/14)

Language of the case: German

Language of the case: German

Referring court

Referring court

Bundesverwaltungsgericht

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Applicant: Communication Services TELE2 GmbH

Applicant: 01051 Telekom GmbH

Defendant: Bundesrepublik Deutschland

Defendant: Bundesrepublik Deutschland

Intervener: Deutsche Telekom AG

Intervener: Deutsche Telekom AG

Questions referred

Questions referred

Are Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services
(Competition Directive) (1) and Directive 97/33/EC of the Euro-
pean Parliament and of the Council of 30 June 1997 on inter-
connection in telecommunications with regard to ensuring
universal service and interoperability through application of the
principles of Open Network Provision (ONP) (Interconnection
Directive) (2) to be interpreted as meaning that the national
regulatory authority is precluded from requiring, in 2003, the
operator of a network which is interconnected with a public
local telecommunications network to pay a contribution to the
market-dominant operator of
the local network in order to
compensate him for the deficit incurred as a result of providing
the local loop?

Are Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services
(Competition Directive) (1) and Directive 97/33/EC of the Euro-
pean Parliament and of the Council of 30 June 1997 on inter-
connection in telecommunications with regard to ensuring
universal service and interoperability through application of the
principles of Open Network Provision (ONP) (Interconnection
Directive) (2) to be interpreted as meaning that the national
regulatory authority is precluded from requiring, in 2003, the
operator of a network which is interconnected with a public
local telecommunications network to pay a contribution to the
market-dominant operator of
the local network in order to
compensate him for the deficit incurred as a result of providing
the local loop?