Case C-82/07: Judgment of the Court (Second Chamber) of 6 March 2008 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Comisión del Mercado de las Telecomunicaciones v Administración del Estado (Electronic communications — Networks and services — Articles 3(2) and 10(1) of Directive 2002/21/EC (Framework Directive) — National numbering plans — Specific regulatory authority)
Date: 2008-03-06
Institutions: Court of Justice
Subjects: interpretation of the law, regulation of telecommunications, supervisory power, telecommunications industry, transfer of competence, transmission network

26.4.2008

EN

Official Journal of the European Union

C 107/7

Other party to the proceedings: Commission of
Communities (represented by: J. Currall and D. Martin, agents)

the European

Re:

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 14 November 2006 in Case T-494/04
Neirinck v Commission dismissing the application of the appellant
seeking (i) annulment of the Commission's decisions rejecting
her candidature for the post of lawyer in the Buildings Policy
sector of the Office for Infrastructure and Logistics in Brussels
to that post and
(OIB) and appointing another applicant
(ii) award of damages — Concept of
in bringing
proceedings — Obligation to state reasons — Distortion of the
clear sense of the evidence — Misuse of powers — Interests of
the service, principle of the administration's duty to have regard
for the interests of officials and principle of proper administra-
tion.

interest

Judgment of the Court (Second Chamber) of 6 March 2008
(reference for a preliminary ruling from the Tribunal
Supremo (Spain)) — Comisión del Mercado de las
Telecomunicaciones v Administración del Estado

(Case C-82/07) (1)

(Electronic communications — Networks and services — Arti-
cles 3(2) and 10(1) of Directive 2002/21/EC (Framework
Directive) — National numbering plans — Specific regulatory
authority)

(2008/C 107/10)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Applicant: Comisión del Mercado de las Telecomunicaciones

Operative part of the judgment

Defendant: Administración del Estado

The Court:

Re:

1. annuls

the judgment of

the Court of First

Instance (Second
Chamber) of 14 November 2006 in Case T-494/04 Neirinck v
Commission in so far as the Court dismissed the plea in law alle-
ging that an infringement of the obligation to state reasons vitiated
the decision of the Commission of the European Communities of
27 April 2004 informing Mrs Neirinck that she had failed the
oral examination within the recruitment procedure for the post of
lawyer in the Buildings Policy sector of the Office for Infrastructure
and Logistics in Brussels, as a member of contract staff;

2. dismisses the appeal for the remainder;

3. annuls the decision of the Commission of the European Commu-
nities of 27 April 2004 informing Mrs Neirinck that she had
failed the oral examination within the recruitment procedure for the
post of lawyer in the Buildings Policy sector of the Office for Infra-
structure and Logistics in Brussels, as a member of contract staff;

4. dismisses the action for the remainder;

5. orders the Commission of the European Communities to pay,

in
addition to its own costs, the entire costs of Mrs Neirinck before
the Court of Justice of the European Communities and before the
Court of First Instance of the European Communities.

Interpretation of Articles 3(1), (2) and (4) and 10(1) 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’) (OJ 2000 L 108, p. 33) — Allocation of national
numbering resources and management of national numbering
plans — Regulatory and operational tasks entrusted to a specific
authority

Operative part of the judgment

1. Articles 3(2), 3(4) and 10(1) 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), read in conjunction
with Recital (11) in the preamble to that directive, must be inter-
preted as meaning that the assignment of the national numbering
resources and the management of the national numbering plans
must be regarded as regulatory functions. Member States are not
required to allocate those different functions to separate regulatory
authorities.

2. Article 10(1) and Article 3(2), (4) and (6) of Directive 2002/21
must be interpreted as not precluding the functions of assigning
national numbering resources or of managing national numbering
plans from being shared by a number of independent regulatory
authorities, provided that the allocation of the tasks is made public
the
and easily accessible, and notified to the Commission of
European Communities.

(1) OJ C 95, 28.4.2007.

(1) OJ C 82, 14.4.2007.